Witchcraft Act 1563

This act focuses on the act and punishment of witches. Under King Henry the 8th, if a person was found guilty of being a "Practisers of the wicked Offences of Conjuracons and Invocacons of evill Spirites, and of Sorceries Enchauntmentes Charmes and Witchecraftes" they were charged with a felony. This lasted until the statue was repealed by King Edward the 6th. Since

"the Repeale wherof many fantasticall and devilishe psons have devised and practised
Invocacons and Conjuracons of evill and wicked Spirites, and have used and practised
Wytchecraftes Enchantementes Charms and Sorcories, to the Destruccoon of the Psons
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"

I find it interesting that they say once the act was repealed people started practicing witchcraft because it gives a sense that when there was a statue against witchcraft no one practiced it. I also think it is interesting that the act mentions that witchcraft was against God and was putting the witches souls in peril of going to Hell. It shows that the country was pretty religious if they were still worried about witches souls. You would think that they would have given up on people that openly associated with the devil, but instead the act seems like it is using this concern to rationalize making witchcraft illegal.


The next part of the act talks about what will happen if people use witchcraft to kill someone they will be tried as a felon.

"That yf any pson or psons after the first daye of June nexte coming, use practise or
exercise any Invocacons or Conjuracons of evill and wicked Spirites, to or for any Intent
Purpose; or els if any pson or psons after the said first daye of June shall use practise or
exercise any Witchecrafte Enchantment Charme or Sorcerie, wherby any pson shall
happen to bee killed or destroyed, ... shall suffer paynes of Deathe as a Felon or Felons, and
shall lose the Priviledg and Benefite of Sanctuarie & Clergie"

It seems like this act so far is just reinstating the old witchcraft statue. They are starting it on the coming up June 1st, although I do not think that that particular day is special for any reason. Religion also comes up in this passage because if anyone is found guilty of witchcraft they lose their rights to the church. This means that they will not have access to a priest to confess their sins to before being executed, which was very important in those days, and is something still practiced today. If their sins were not forgiven before death then the person could end up going to hell instead of heaven. They would also not be allowed to be buried in the church graveyard. This is something that also appears in Hamlet when the gravediggers are talking about Ophelia being buried in the church graveyard. If a person committed sucide, like Ophelia is suspected to have done, or any other act against God, they were not allowed to be buried in the church's graveyard because it was reserved for good Christian people. The Benefit of Clergy is something that a man can claim saying he is part of the clergy. He has to say a certain Psalm in Latin in order to prove that he is part of the clergy and can only claim Benefit of Clergy once. These terms suggest that this act was written with the thoughts that men were involved in conjours and inchantments, although men were not normally associated with witchcraft specifically.

This act also makes an acception for certain wives whose husbands have been found guilt under this act. It states:
"Saving to the Wief of such persone her Title of Dower, and also to the Heyre and Successour of suche pson his or theyr Tytles of Inheritaunce Succession and other Rightes, as thoughe nu suche Attayndour of the Auncestour or Predecessour had been hadd or made."
The Title of Dower is something that the bride is given like the groom is given a dowry. It entitles the wife to 1/3 of her husbands lands and pocessions if he dies. Normally is you were found guilty under this act all your lands and pocessions would become government property, but this section makes sure that the Title of Dower will be honored. I think it is interesting that this would happen because women did not have much power in this time, yet they probably did this because they did not any more poverty in England than they already had.

The next part of the act deals with people using witchcraft to hurt but not kill:

"That if any pson or psons,...shall use practise or exercyse any Wytchecrafte
Enchauntement Charme or Sorcerie, wherby any pon shall happen to bee wasted
consumed or lamed in his or her Bodye or Member, or wherby any Goodes or Cattles of
any pson shalbee destroyed wasted or impayred, then every suche offendour or
Offendours their Councelloures and Aydoures, being therof laufully caonvicted, 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 shalbee kepte there,
stande openly upon the Pillorie by the Space of Syxe Houres, and there shall openly confesse
his or her Erroure and Offence"

For the first offence the person will recieve a year in prison and will have to stand on the pillory four times to be publicly shamed. I find it interesting that they make sure to state that all of this will happen after the person is lawfully convicted. The creators of the act seem to be level-headed people who want to make sure that people are not punished before receiving a fair trial.

For a second offence "being as ys aforesayd laufully convicted or attaynted shall suffer deathe as a Felon, and shall lose the Privilege of Clergie and Sanctuarye". The punishment is the same as if they had killed someone with their witchcraft. People back then did not get as many chances as they do today. I guess the Parliament figured that if the person did not learn their lesson the first time, then they did not deserve a third chance to repeat the crime.



Link to the entire Witchcraft Act of 1563: http://www.mysteriousbritain.co.uk/occult/witchcraft-act-1563.html


* I have no idea why the quoted material is showing up funny because it is not when I type it so I am sorry.