Encyclopedia of the British Parliamentary System
1563: 5 Elizabeth I c. 16: An Act agaynst Conjuracions, Inchantmentes and Witchecraftes (Original Text)
WHERE at this present, there ys no ordinarye ne condigne Punishement provided agaynst the Practisers of the wicked Offences of Conjuracions and Invocacions of evill Spirites, and of Sorceries, Enchauntmentes, Charmes and Witchecraftes, the which Offences by force of a Statute made in the xxxiii yere of the Reigne of the late King Henry the Eyghthe were made to bee Felonye, and so continued untill the sayd Statute was repealed by the Acte and Statute of Repeale made in the first yere of the Reigne of the late King Edwarde the vi; sythens the Repeale wherof many fantasticall and devilishe persons have devised and practised Invocacions and Conjuracions of evill and wicked Spirites, and have used and practised Wytchecraftes, Enchantementes, Charms and Sorceries, to the Destruccioon of the Persons 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:
For REFORMACION wherof bee it enacted by the Quenes Majestie, with the assent of the Lordes Spirituall and Temporall and the Commons in this presente Parliament assembled, and by the authoritee of the same, That yf any person or persons after the first daye of June nexte coming, use, practise or exercise any Invocacions or Conjuracions of evill and wicked Spirites, to or for any Intent or Purpose; or els if any person or persons after the said first daye of June shall use, practise or exercise any Witchecrafte, Enchantment, Charme or Sorcerie, wherby any person shall happen to bee killed or destroyed, that then as well every suche Offendor or Offendors in Invocacions and Conjuracions as ys aforesayd, their Concellors & Aidours, as also every suche Offendor or Offendors in Witchecrafte, Enchantement, Charme or Sorcerie whereby the Deathe of any person dothe ensue, their Aidours and Concellors, being of either of the said Offences lawfully convicted and attainted, shall suffer paynes of Deathe as a Felon or Felons, and shall lose the Priviledg and Benefite of Sanctuarie & Clergie:
Saving to the Wief of such persone her Title of Dower, and also to the Heyre and Successour of suche person his or theyr Tytles of Inheritaunce, Succession and other Rightes, as thoughe no suche Attayndour of the Auncestour or Predecessour had been had or made.
II. And further bee yt enacted by the authoritee aforesayd, That if any person or persons, after the saide first daye of June nexte commyng, shall use, practise or exercyse any Wytchecrafte, Enchauntement, Charme or Sorcerie, wherby any person shall happen to bee wasted, consumed or lamed in his or her Bodye or Member, or wherby any Goodes or Cattelles of any person shall be destroyed, wasted or impayred, then every suche Offendour or Offendours, their Councelloures and Aydoures, being therof lawfully convicted, 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 shall bee kepte there, stande openly upon the Pillorie by the Space of Six Houres, and there shall openly confesse his or her Erroure and Offence;
and for the Seconde Offence, being as ys aforesayd lawfully convicted or attaynted, shall suffer Deathe as a Felon, and shall lose the Privilege of Clergie and Sanctuarye:
Saving to the Wief of suche person her Title of Dower, and also to their Heir & Successor of suche person his or their Titles of Inheritance, Succession and other Rightes, as thoughe no suche Attandor of the Ancestor or Predecessor had beene hadde or made.
Provided alwaies, That yf the Offendour, in any of the Cases aforesayd for whiche the paynes of Deathe shall ensue, shall happen to bee a Peere of this Realme, then his Triall thereyn to be hadd by hys Peeres, as yt ys used in cases of Felonye or Treason, and not otherwyse.
III. And further to thintent that all maner of practise, use or exercise of Witchecrafte, Enchantement, Charme or Sorcerye shoulde bee from hensforthe utterly avoyded, abolished and taken away; Bee it enacted by the authoritee of this presente Parliament, That yf any person or persons shall from and after the sayd first daye of June nexte coming, take upon him or them, by Witchecrafte, Enchantement, Charme or Sorcerie, to tell or declare in what Place any Treasure of Golde or Sylver shoulde or might bee founde or had in the Earthe or other secret Places, or where Goodes or Thinges lost or stollen should bee founde or becume, or shall use or practise anye Sorcerye, Enchantement, Charme or Witchcrafte, to thintent to provoke any person to unlaufull love, or to hurte or destroye any person in his or her Body, Member or Goodes;
that then every suche person or persons so offending, and being therof lawfully convicted, shall for the said offence suffer Imprysonement 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 Marcket Daye or at such tyme as any Fayer shall bee kepte there, stande openly upon the Pillorie by the space of Six Houres, and there shall openly confesse his or her Error and Offence;
And yf anye person or persons, being once convicted of the same Offences as ys aforesayd, doo eftesones perpetrate and committ the lyke Offence, that then every suche Offendour, being thereof the seconde tyme convicted as ys aforesaid, shall forfaite unto the Quenes Majestie, her heires and successoures, all his Goodes and Cattelles, and suffer Imprysonement during Lyef.
1563: 5 Elizabeth I c. 16 โ An Act against Conjurations, Enchantments and Witchcraft (Translation)
Modern English Translation
WHEREAS, at present, there is no ordinary or adequate punishment provided against those who practise the wicked offences of conjuration, invocation of evil spirits, sorcery, enchantment, charms and witchcraft; and whereas these offences were made felonies by a statute enacted in the thirty-third year of the reign of the late King Henry VIII, and continued to be so until that statute was repealed by the Act of Repeal made in the first year of the reign of the late King Edward VI;
Since that repeal, many fantastical and devilish persons have devised and practised invocations and conjurations of evil and wicked spirits, and have used and practised witchcraft, enchantments, charms and sorcery, to the destruction of the persons and property of their neighbours and other subjects of this realm, and for other unlawful and wicked purposes contrary to the laws of Almighty God, to the peril of their own souls, and to the great dishonour and disturbance of this realm.
Therefore, for the reform of these matters, be it enacted by the Queenโs Majesty, with the assent of the Lords Spiritual and Temporal and the Commons assembled in this present Parliament, and by the authority of the same, that if any person or persons, after the first day of June next following, shall use, practise or exercise any invocation or conjuration of evil and wicked spirits, for any purpose whatsoever;
or if any person or persons, after the said first day of June, shall use, practise or exercise any witchcraft, enchantment, charm or sorcery, whereby any person shall happen to be killed or destroyed;
then every such offender or offenders in invocation or conjuration as aforesaid, together with their counsellors and aiders, and every such offender or offenders in witchcraft, enchantment, charm or sorcery whereby the death of any person occurs, together with their aiders and counsellors, if lawfully convicted and attainted of either of these offences, shall suffer death as a felon, and shall lose the privilege and benefit of sanctuary and clergy.
However, the wife of such person shall retain her right of dower, and the heir and successor of such person shall retain their rights of inheritance, succession and other property rights, as though no attainder of the ancestor or predecessor had occurred.
II. And further, be it enacted by the authority aforesaid, that if any person or persons, after the said first day of June next following, shall use, practise or exercise any witchcraft, enchantment, charm or sorcery, whereby any person shall happen to be wasted, consumed or disabled in body or limb, or whereby any goods or cattle belonging to any person shall be destroyed, wasted or damaged;
then every such offender or offenders, together with their counsellors and aiders, being lawfully convicted, shall, for their first offence, suffer imprisonment for one whole year without bail or mainprise.
Once in every quarter of that year, the offender shall, in some market town, on a market day or at a time when a fair is being held there, stand openly upon the pillory for six hours, and shall publicly confess his or her error and offence.
For the second offence, if the offender is lawfully convicted or attainted in the manner described above, he or she shall suffer death as a felon, and shall lose the privilege of clergy and sanctuary.
The wife of such person shall nevertheless retain her right of dower, and the heir and successor of such person shall retain their rights of inheritance, succession and other property rights, as though no attainder of the ancestor or predecessor had occurred.
Provided always, that if the offender, in any of the cases mentioned above in which the penalty of death is imposed, happens to be a Peer of the Realm, his trial shall be conducted by his Peers, according to the procedure used in cases of felony or treason, and not otherwise.
III. And further, for the purpose of ensuring that every form of the practice, use or exercise of witchcraft, enchantment, charm or sorcery should from that time forward be entirely avoided, abolished and removed, be it enacted by the authority of this present Parliament that if any person or persons, from and after the said first day of June next following, shall claim, by means of witchcraft, enchantment, charm or sorcery, to tell or declare where any treasure of gold or silver may be found or hidden in the earth or in other secret places;
or where goods or things that have been lost or stolen may be found or recovered;
or if any person shall use or practise any sorcery, enchantment, charm or witchcraft for the purpose of provoking any person to unlawful love, or for the purpose of hurting or destroying any person in body, limb or goods;
then every such person or persons who commits such an offence, if lawfully convicted, shall for that offence suffer imprisonment for one whole year without bail or mainprise.
Once in every quarter of that year, the offender shall, in some market town, on a market day or at a time when a fair is being held there, stand openly upon the pillory for six hours, and shall publicly confess his or her error and offence.
And if any person who has once been convicted of any of these offences subsequently commits the same or a similar offence again, and is convicted of it for the second time, that offender shall forfeit to the Queen, her heirs and successors, all his goods and cattle, and shall suffer imprisonment for life.
Sarvarthapedia Conceptual Network: British Witchcraft Act 1563
5 Elizabeth I c.16
See also: Elizabeth I; English Parliament; English Witchcraft Law; Witchcraft Act 1542; Witchcraft Act 1604; Witchcraft Act 1735; Criminal Law in Tudor England; Religious Law; Capital Punishment.
An Act against Conjurations, Enchantments and Witchcraft
See also: Conjuration; Invocation of Evil Spirits; Sorcery; Enchantment; Charms; Witchcraft; Demonology; Magic in Early Modern England.
Legislative History Cluster
Henry VIIIโs Witchcraft Statute of 1542
See also: Henry VIII; English Reformation; Felony; Witchcraft Act 1542; Edward VI; Repeal of Tudor Religious Legislation.
Edward VI and Repeal
See also: Edward VI; First Year of Edward VI; Protestant Reformation in England; Repeal of Witchcraft Legislation; Tudor Religious Settlement.
Elizabethan Legislation
See also: Elizabeth I; Elizabethan Religious Settlement; English Parliament; Protestant England; Witchcraft Act 1563; Religious Conformity.
Legal Definition Cluster
Conjuration
See also: Invocation of Evil Spirits; Sorcery; Demonology; Witchcraft; Supernatural Crime; Early Modern Criminal Law.
Invocation of Evil Spirits
See also: Devil Worship; Demonology; Satanic Pact; Conjuration; Witchcraft Prosecution; Religious Offences.
Sorcery
See also: Magic; Enchantment; Charms; Witchcraft; Supernatural Belief; English Witch Trials.
Enchantment
See also: Charms; Sorcery; Witchcraft; Love Magic; Magical Practices.
Charms
See also: Folk Magic; Healing Magic; Sorcery; Witchcraft; Superstition; Popular Religion.
Harm and Criminal Liability Cluster
Death Caused by Witchcraft
See also: Capital Felony; Murder by Witchcraft; Death Penalty; Felony; Counsellors and Aiders; Criminal Responsibility.
Bodily Harm
See also: Wasted or Consumed Body; Laming; Personal Injury; Witchcraft Prosecution; Criminal Damage.
Destruction of Goods and Cattle
See also: Property Damage; Livestock; Agrarian Society; Witchcraft Accusations; Neighbourhood Disputes; Economic Harm.
Counsellors and Aiders
See also: Accessory Liability; Complicity; Aiding and Abetting; Conspiracy; Felony Law.
Punishment Cluster
Death as a Felon
See also: Felony; Capital Punishment; Execution in England; Witchcraft Executions; Treason; Heresy.
Imprisonment for One Year
See also: First Offence; Criminal Punishment; Witchcraft Prosecution; Bail; Mainprise.
Pillory
See also: Public Punishment; Market Towns; Public Confession; Humiliation in Criminal Law; Early Modern Penal System.
Public Confession
See also: Error and Offence; Pillory; Public Punishment; Religious Discipline; Community Enforcement.
Imprisonment for Life
See also: Second Offence; Recidivism; Forfeiture; Capital Punishment; Witchcraft Law.
Medieval and Tudor Legal Privileges
Sanctuary
See also: Right of Sanctuary; Medieval English Law; Ecclesiastical Privilege; Criminal Procedure; Witchcraft Act 1563.
Clergy
See also: Benefit of Clergy; Ecclesiastical Jurisdiction; Felony; Criminal Procedure; English Common Law.
Loss of Clergy and Sanctuary
See also: Attainder; Felony; Capital Punishment; Criminal Disabilities; Witchcraft Conviction.
Property and Family Cluster
Dower
See also: Married Womenโs Property; Widowhood; Inheritance Law; Womenโs Legal Rights; English Common Law.
Wife of the Convicted Offender
See also: Dower; Married Womenโs Property; Attainder; Family Rights; Property Law.
Heir and Successor
See also: Inheritance; Succession; Attainder; Property Rights; English Inheritance Law.
Attainder
See also: Felony; Treason; Forfeiture; Inheritance; Civil Consequences of Conviction.
Social and Economic Practices Cluster
Market Town
See also: Pillory; Public Execution; Public Confession; Early Modern Towns; Local Justice; Fairs and Markets.
Treasure Hunting
See also: Gold and Silver; Hidden Treasure; Sorcery; Magical Divination; Criminalisation of Magic.
Recovery of Lost or Stolen Goods
See also: Divination; Sorcery; Property Crime; Theft; Witchcraft Accusations.
Unlawful Love
See also: Love Magic; Enchantment; Sorcery; Sexual Regulation; Marriage Law; Early Modern Social Order.
Constitutional and Judicial Cluster
Queenโs Majesty
See also: Elizabeth I; Royal Authority; Crown-in-Parliament; Tudor Monarchy; Royal Assent.
Lords Spiritual and Temporal
See also: House of Lords; English Parliament; Lords Spiritual; Lords Temporal; Crown-in-Parliament.
Commons
See also: House of Commons; English Parliament; Tudor Parliament; Statute Law.
Peer of the Realm
See also: Peerage; Trial by Peers; Felony; Treason; Parliamentary Privilege.
Trial by Peers
See also: Peerage; Trial for Felony; Trial for Treason; Aristocratic Legal Privilege; English Criminal Procedure.
Religious-Legal Cluster
Laws of Almighty God
See also: Biblical Law; Christian Legal Thought; Divine Law; Religious Authority; Witchcraft Legislation.
Peril of the Soul
See also: Sin; Salvation; Damnation; Christian Theology; Religious Criminal Law.
Religious Crime
See also: Heresy; Witchcraft; Blasphemy; Apostasy; Ecclesiastical Law; State Religion.
Church and State
See also: English Reformation; Elizabethan Religious Settlement; Ecclesiastical Courts; Parliamentary Legislation; Religious Conformity.
Witchcraft Prosecution Cluster
Witchcraft Accusation
See also: Neighbourhood Disputes; Women Accused of Witchcraft; Folk Belief; Witchcraft Evidence; Local Justice.
Witchcraft Evidence
See also: Confession; Witness Testimony; Devilโs Mark; Demonology; Judicial Proof.
Witchcraft Trial
See also: English Witch Trials; Assizes; Magistrates; Felony Procedure; Witchcraft Evidence.
Women Accused of Witchcraft
See also: Women and Criminal Law; Widows; Elderly Women; Poor Women; Social Isolation; Gender and Witchcraft.
Elizabethan England Cluster
Elizabeth I
See also: Elizabethan England; Elizabethan Religious Settlement; Witchcraft Act 1563; English Parliament; John Jewel; Protestant Reformation.
Elizabethan Religious Settlement
See also: Elizabeth I; Church of England; Act of Supremacy 1559; Act of Uniformity 1559; Religious Conformity; Witchcraft Law.
John Jewel
See also: Bishop of Salisbury; Elizabethan Religious Settlement; Protestant Polemic; Witchcraft Act 1563; John Strype; Peter Martyr Vermigli.
Comparative Witchcraft Legislation Cluster
Scottish Witchcraft Act 1563
See also: Mary, Queen of Scots; Scottish Reformation; Scottish Witch Trials; Kirk Sessions; Presbyterianism; James VI.
Witchcraft Act 1604
See also: James I; James VI; Daemonologie; English Witch Trials; Demonology; Capital Punishment.
Witchcraft Act 1735
See also: Repeal of Witchcraft Laws; Enlightenment; Decline of Witch Trials; Natural Philosophy; Scepticism; Fraudulent Witchcraft Claims.
Intellectual and Demonological Cluster
Demonology
See also: Witchcraft; Devil; Satanic Pact; Daemonologie; Religious Belief; Witchcraft Evidence.
Devilโs Mark
See also: Demonology; Witchcraft Investigation; Physical Evidence; Scottish Witch Trials; English Witch Trials.
Daemonologie
See also: James VI; North Berwick Witch Trials; Witchcraft Act 1604; Demonology; Devil Worship; Women and Witchcraft.
Wider Civilizational Cluster
Religion and Criminal Law
See also: Divine Law; Heresy; Witchcraft; Blasphemy; Religious Persecution; Capital Punishment.
Sacred Authority and State Authority
See also: Monarchy; Parliament; Church and State; Divine Right; Religious Legislation; Criminal Law.
Women and Law
See also: Womenโs Property Rights; Dower; Inheritance; Marriage Law; Witchcraft Prosecution; Heresy; Treason.
Women and Religious Authority
See also: Women in the Church; 1 Timothy 2:12; Ephesians 5:22; Mary Magdalene; Virgin Mary; Female Religious Authority.
Manusmแนti and Women
See also: Manusmแนti 3.56โ3.58; Yatra Nฤryastu Pลซjyante; Strฤซdhana; Women in Ancient India; Dharmaลฤstra; Marriage; Inheritance.
Core Conceptual Links
Witchcraft โ Law
Supernatural Practice โ Religious Classification โ Parliamentary Statute โ Criminal Offence โ Conviction โ Punishment
Witchcraft โ Harm
Conjuration โ Sorcery โ Alleged Supernatural Action โ Death / Bodily Injury / Property Damage โ Criminal Liability
Witchcraft โ Recidivism
First Offence โ Imprisonment โ Pillory โ Public Confession โ Second Offence โ Death or Life Imprisonment / Forfeiture
Witchcraft โ Property
Treasure โ Lost Goods โ Stolen Goods โ Divination โ Sorcery โ Criminalisation
Witchcraft โ Social Regulation
Unlawful Love โ Enchantment โ Sexual Regulation โ Marriage โ Household Order โ Criminal Law
Crown โ Parliament โ Statute
Elizabeth I โ Lords Spiritual and Temporal โ Commons โ Parliamentary Assent โ 5 Elizabeth I c.16 โ Royal Law
Religion โ Criminal Law
Laws of Almighty God โ Religious Offence โ Public Disorder โ Parliamentary Legislation โ Criminal Prosecution โ Punishment
Conviction โ Civil Consequences
Felony โ Attainder โ Loss of Clergy and Sanctuary โ Forfeiture / Capital Punishment โ Preservation of Dower and Inheritance Rights
England โ Scotland โ Atlantic World
English Witchcraft Act 1563 โ Scottish Witchcraft Act 1563 โ James VI โ Daemonologie โ Witchcraft Act 1604 โ English Colonies โ New England Witch Trials
Primary See-Also Web
5 Elizabeth I c.16
See also: Witchcraft Act 1542; Witchcraft Act 1604; Witchcraft Act 1735; Elizabeth I; English Parliament; English Reformation; Elizabethan Religious Settlement; John Jewel; Conjuration; Sorcery; Enchantment; Charms; Demonology; Witchcraft Prosecution; Women Accused of Witchcraft; Felony; Capital Punishment; Pillory; Sanctuary; Benefit of Clergy; Dower; Attainder; Trial by Peers; Scottish Witchcraft Act 1563; Scottish Witch Trials; James VI; Daemonologie; English Witch Trials; Pendle Witch Trials; Matthew Hopkins; Salem Witch Trials; Manusmแนti; Strฤซdhana; Women and Law; Religion and Criminal Law; Church and State.
