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 The Act was repealed after the death of Henry VIII in 1547 (1 Edw.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.
August is National Make-A-Will Month, a yearly reminder about the benefits of creating or updating a will. While end-of-life issues may not be everyone's favorite topic, having a plan can help avoid family disputes and costly court proceedings. The State of Oregon Law Library has several resources to help.
What is a will?
A will is a legal document that determines how your assets are divided upon death and who becomes the caretaker of any minor children. It also allows you to establish a personal representative or executor to carry out your wishes.
What happens if you die without a will?
You are not legally required to draft a will. If you die without a valid will, it is called dying intestate. When this happens, state law and the court determine how your assets get distributed. Assets go to your closest relatives first, as defined by Oregon law, regardless of your relationship with them.
Who can create a will?
In Oregon, any person who is 18 or older and of sound mind may make a will. (ORS 112.225)
Where do you start?
The Legal Information Reference Center is a great starting point. This database contains reference books, legal guides, and forms written in plain language. Look for The Quick and Legal Will Book for instructions on drafting a basic will. The Wills & Estate Planning category lists additional end-of-life planning tools. Both are available online with a State of Oregon Law Library Account. Oregon residents can sign up for a free account online.
The Oregon Barbooks are written by Oregon attorneys and published by the Oregon State Bar. Administering Trusts in Oregon and Administering Estates in Oregon are two books that can assist in your life planning. Available in print and online with a digital token.
When should you update and/or review your will?
It's a good idea to review your will every five years or whenever there is a significant change in your life. Examples of changes include:
Other estate and planning tools
An estate plan is a more comprehensive plan that can be used during life and after death. More specifically, an estate plan often includes a will, trusts, a health directive, and various types of powers of attorney.
Using a lawyer
A lawyer can give legal advice on drafting a will and developing an estate plan. Search for Wills or Estate Planning in the legal directories on SOLL's resource page.
The State of Oregon Law Library (SOLL) is thrilled to announce that we are celebrating our 50th anniversary of providing federal government documents to the public!
The Federal Depository Library Program (FDLP) was created to make sure people have access to government information at the local level. Under Title 44 of the United States Code, the public has free access to government documents in designated depository libraries. SOLL officially joined the FDLP program in February 1974.
There are two types of depositories in the FDLP: regional and selective depositories. Regional depositories receive copies of all federal government documents. In Oregon, our regional depository is the State Library of Oregon.
SOLL is a selective federal depository library. That means we choose which federal publications to add to our collection.
Here are some examples of government documents available at the law library:
Visit the State of Oregon Law Library at 1163 State St., Salem, Oregon or online at https://oregon.gov/soll/
The Oregon Judicial Department has changed much since the early days of statehood, when it consisted of four circuit court judges who doubled as Supreme Court justices.
As of the end of 2007, the Judicial Department consisted of seven Supreme Court justices, 10 Court of Appeals judges, one Tax Court judge and three Tax Court magistrates, and 175 circuit court judges, with 1911 full-time employees (or equivalent).1 The circuit courts, the workhorses of the Department, had 605,753 cases filed, while they closed 605,185 cases.2
The budget for the Oregon Judicial Department in the 2007-2009 biennium was $359.4 million. That is less than 1% of the total statewide budget for the same period ($48 billion).3
The future, particularly the development of technology, promises more change. The Judicial Department is currently implementing a technological initiative known as Oregon eCourt. Oregon eCourt will use the Internet to make the courts available around the clock -- allowing parties to file documents, pay fees and fines, and access public records electronically. Phase 1, now nearing completion, will provide eCourt for the appellate courts. Phase 2, scheduled to begin in April of 2009, will implement eCourt in five pilot counties.4
Oregon has changed much since it first became a state in 1859, and the shape of the Oregon Judicial Department has changed with it. But one thing will not change -- the commitment of the Oregon Judicial Department to providing timely, cost-effective, impartial justice for and on behalf of the people of Oregon.
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