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VI, that unfortunate Duchess of Gloucester who had to walk the streets of London, the Duchess of Bedford, the conspirators against Edward IV who were supposed to use magic, the unlucky mistress of Edward IV--none of these who through the course of two centuries were charged with magical misdeeds were, so far as we know, accused of those dreadful relations with the Devil, the nauseating details of which fill out the later narratives of witch history. The truth seems to be that the idea of witchcraft was not very clearly defined and differentiated in the minds of ordinary Englishmen until after the beginning of legislation upon the subject. It is not impossible that there were English theologians who could have set forth the complete philosophy of the belief, but to the average mind sorcery, conjuration, enchantment, and witchcraft were but evil ways of mastering nature. All that was changed when laws were passed. With legislation came greatly increased numbers of accusations; with accusations and executions came treatises and theory. Continental writers were consulted, and the whole system and science of the subject were soon elaborated for all who read. With the earlier period, which has been sketched merely by way of definition, this monograph cannot attempt to deal. It limits itself to a narrative of the witch trials, and incidentally of opinion as to witchcraft, after there was definite legislation by Parliament. The statute of the fifth year of Elizabeth's reign marks a point in the history of the judicial persecution at which an account may very naturally begin. The year 1558 has been selected as the date because from the very opening of the reign which was to be signalized by the passing of that statute and was to be characterized by a serious effort to enforce it, the persecution was preparing. Up to that time the crime of sorcery had been dealt with in a few early instances by the common-law courts, occasionally (where politics were involved) by the privy council, but more usually, it is probable, by the church. This, indeed, may easily be illustrated from the works of law. Britton and Fleta include an inquiry about sorcerers as one of the articles of the sheriff's tourn. A note upon Britton, however, declares that it is for the ecclesiastical court to try such offenders and to deliver them to be put to death in the king's court, but that the king himself may proceed against them if he pleases.[5] While the
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