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p. 56

abode because that it was shut. And fast she knocked, till at the last the usher opened the door, marvelling of that woman's being there that time of night, and asking her what she would. 'Let me in, sir,' quoth she, 'for I have somewhat to say, and to tell unto the king; for I am the same woman that not long ago desired to have spoken with him at the Leith, when he should pass the Scottish sea.' The usher went in and told him of this woman. 'Yea,' quoth the king, 'let her come tomorrow'; because that he was occupied with such disports at that time him let not to hear her as then. The usher came again to the chamber-door to the said woman, and there he told her that the king was busy in playing, and bid her come soon again upon the morrow. 'Well,' said the woman, 'it shall repent you all that ye will not let me speak now with the king.' Thereat the usher laughed, and held her but a fool, charging her to go her way, and therewithal she went thence." Her informant "Huthart" was evidently a familiar spirit who was in attendance on her. 1

p. 57

Considering the barrenness of Irish records on the subject of sorcery and witchcraft it affords us no small satisfaction to find the following statement in the Statute Rolls of the Parliament 1 for the year 1447. It consists of a most indignantly-worded remonstrance from the Lords and Commons, which was drawn forth by the fact that some highly-placed personage had been accused of practising sorcery with the intent to do grievous harm to his enemy. When making it the remonstrants appear to have forgotten, or perhaps, like Members of Parliament in other ages, found it convenient to forget for the nonce the Kyteler incident of the previous century. Of the particular case here alluded to unfortunately no details are given, nor is any clue for obtaining them afforded us. The remonstrance runs as follows: "Also at the prayer of John, Archbishop of Armagh (and others). That whereas by the subtle malice and malicious suits of certain persons slandering a man of rank this land was entirely slandered, and still is in such slanderous matters as never were known in this land before, as in ruining

p. 58

or destroying any man by sorcery or necromancy., the which they think and believe impossible to be performed in art--It is ordained and agreed by authority of this present parliament, with the entire assent of the lords spiritual and temporal and commons of said parliament, that our lord the king be certified of the truth in this matter, in avoidance of the slander of this land in common, asserting that no such art was attempted at any time in this land, known or rumoured among the people, nor any opinion had or entertained of the same by the lay men in this land until now." It seems likely that the accusation was prompted by personal enmity, and was groundless in fact; but the annals of witchcraft show that such an indictment could prove a most terrible weapon in the hands of unscrupulous persons. With respect to the above we learn that Ireland was coming into line with England, for in the latter country during the fifteenth century charges of sorcery were frequently raised against persons of eminence by their political adversaries. One of the most celebrated cases of the kind occurred only six years prior to the

p. 59

above, in 1441, that of the Duchess of Gloucester in the reign of Henry VI.

Nothing further on the subject is recorded until the year 1544, under which date we find the following entry in the table of the red council book of Ireland:

<DIR> <DIR>

"A letter to Charles FitzArthur for sendinge a witch to the Lord Deputie to be examined."

</DIR></DIR>

This note is a most tantalising one. The red council book has been lost, but a succinct "table" of its contents, from which the above has been extracted, and which was apparently compiled by Sir William Usher, has been preserved in Add. MSS. 1792, and published in Hist. MSS. Comm. 15th Report, appendix, part 3, but an examination of the original MS. reveals nothing in addition to the above passage; so, until the lost book is discovered, we must remain in ignorance with respect to the doings of this particular witch.

The next notice of witchcraft in Ireland occurs in the year 1578, when a witch-trial took place at Kilkenny, though here again, unfortunately, no details have been preserved.

p. 60

In the November of that year sessions were held there by the Lord Justice Drury and Sir Henry Fitton, who, in their letter to the Privy Council on the 20th of the same month, inform that Body that upon arriving at the town "the jail being full we caused sessions immediately to be held. Thirty-six persons were executed, amongst whom were some good ones, a blackamoor and two witches by natural law, for that we find no law to try them by in this realm." 1 It is easy to see why the witches were put to death, but the reason for the negro's execution is not so obvious. It can hardly have been for the colour of his skin, although no doubt a black man was as much a rara avis in the town of Kilkenny as a black swan. Had the words been written at the time the unfortunate negro might well have exclaimed, though in vain, to his judges:

<DIR> <DIR>

"Mislike me not for my complexion--
The shadowed livery of the burning sun."

</DIR></DIR>

Or could it have been that he was the unhappy victim of a false etymology! For

p. 61

in old writers the word "necromancy" is spelt "nigromancy," as if divination was practised through the medium of negroes instead of dead persons; indeed in an old vocabulary of 1475 "Nigromantia" is defined as "divinatio facta per nigros." He may therefore have been suspected of complicity with the two witches.

As yet the "natural law" held sway in Ireland, but very soon this country was to be fully equipped with a Statute all to itself. Two Statutes against witchcraft had already been passed in England, one in 1541, which was repealed six years later, and a second in 1562. Partly no doubt on account of the Kilkenny case of 1578, and partly to place Ireland on the same footing as England, a Statute was passed by the Irish Parliament in 1586. Shorn of much legal verbiage the principal points of it may be gathered from the following extracts:

"Where at this present there is no ordinarie ne condigne punishment provided against the practices of the wicked offences

p. 62

of conjurations, and of invocations of evill spirites, and of sorceries, enchauntments, charms, and witchcrafts, whereby manie fantasticall and devilish persons have devised and practised invocations and conjurations of evill and wicked spirites, and have used and practised witchcrafts, enchauntments, charms, and sorceries, to the destruction of the persons and goods of their neighbours, and other subjects of this realm, and for other lewde and evill intents and purposes, contrary to the laws of Almighty God, to the peril of their owne soules, and to the great infamie and disquietnesse of this realm. For reformation thereof, be it enacted by the Queen's Majestie, with the assent of the lords spirituall and temporall and the commons in this present Parliament assembled.

"1. That if any person or persons after the end of three months next, and immediately after the end of the last session of this present parliament, shall use, practise, or exercise any witchcraft, enchauntment, charme, or sorcery, whereby any person shall happen to be killed or destroied,

p. 62

that then as well any such offender or offenders in invocations and conjurations, as is aforesaid, their aydors or councelors . . . being of the said offences lawfully convicted and attainted, shall suffer paines of death as a felon or felons, and shall lose the privilege and benefit of clergie and sanctuarie; saving to the widow of such person her title of dower, and also the heires and successors of such a person all rights, titles, &c., as though no such attaynder had been made.

"2. If any persons (after the above period) shall use, practise, or exercise any witchcraft, enchauntment, charme, or sorcery, whereby any person or persons shall happen to be wasted, consumed, or lamed, in his or their bodie or member, or whereby any goods or cattels of any such person shall be destroyed, wasted, or impaired, then every such offender shall for the first offence suffer imprisonment by the space of one yeare without bayle or maineprise, and once in every quarter of the said yeare, shall in some market towne, upon the market day, or at such time as any faire

p. 64

shall be kept there, stand openlie in the pillorie for the space of sixe houres, and shall there openly confesse his or theire errour and offence, and for the second offence shall suffer death as a felon, saving, &c. (as in clause 1).

"3. Provided always, that if the offender in any of the cases aforesaid, for which the paines of death shall ensue, shall happen to be a peer of this realm: then his triall therein to be had by his peers, as is used in cases of felony and treason, and not otherwise.

"4. And further, to the intent that all manner of practice, use, or exercise of witchcraft, enchauntment, charme, or sorcery, should be from henceforth utterly avoide, abolished. and taken away; be it enacted by the authority of this present Parliament that if any person or persons . . . shall take upon them by witchcraft, &c., to tell or declare in what place any treasure of gold or silver shall or might be found or had in the earth or other secret Places, or where goods or things lost or stollen should be found or become, or shall use or practice any sorcery, &c., to the intent to provoke

p. 65

any person to unlawful love (for the first offence to be punished as in clause 2), but if convicted a second time shall forfeit unto the Queen's Majesty all his goods and chattels, and suffer imprisonment during life."

 

On the whole, considering the temper of the time, this Statute was exceedingly mild. It made no provision whatsoever for the use of torture to extract evidence, nor indeed did it offer any particular encouragement to the witch hunter, while the manner of inflicting the death penalty was precisely that for felony, viz. hanging, drawing, and quartering for men, and burning (preceded by strangulation) for women--sufficiently unpleasant, no doubt, but far more merciful than burning alive at the stake.

In some way Ireland was fortunate enough to escape the notice of that keen witch hunter, King James I and VI; had it been otherwise we have little doubt but that this country would have contributed its share to the list of victims in that monarch's reign. The above was therefore the only

p. 66

Statute against witchcraft passed by the Irish Parliament; it is said that it was never repealed, and so no doubt is in force at the present day. Another Act of the Parliament of Ireland, passed in 1634, and designed to facilitate the administration of justice, makes mention of witchcraft, and it is there held to be one of the recognised methods by which one man could take the life of another.

 

"Forasmuch as the most necessary office and duty of law is to preserve and save the life of man, and condignly to punish such persons that unlawfully or wilfully murder, slay, or destroy men . . . and where it often happeneth that a man is feloniously strucken in one county, and dieth in another county, in which case it hath not been found by the laws of this realm that any sufficient indictment thereof can be taken in any of the said two counties. . . . For redress and punishment of such offences . . . be it enacted . . . that where any person shall be traiterously or feloniously stricken, poysoned, or bewitched in one county (and die in another, or out of

 
 
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