Witchcraft Act of 1604 - 1 Jas. I, c. 12

An Acte against conjuration Witchcrafte and dealinge with evill and wicked Spirits.

BE it enacted by the King our Sovraigne Lorde the Lordes Spirituall and Temporall and the Comons in this p'sent Parliment assembled, and by the authoritie of the same, That the Statute made in the fifte yeere of the Raigne of our late Sov'aigne Ladie of the most famous and happy memorie Queene Elizabeth, intituled An Acte againste Conjurations Inchantments and witchcraftes, be from the Feaste of St. Michaell the Archangell nexte cominge, for and concerninge all Offences to be comitted after the same Feaste, utterlie repealed.

AND for the better restrayning of saide Offenses, and more severe punishinge the same, be it further enacted by the authoritie aforesaide, That if any pson or persons after the saide Feaste of Saint Michaell the Archangell next comeing, shall use practise or exercsise any Invocation or Conjuration of any evill and spirit, or shall consult covenant with entertaine employ feede or rewarde any evill and wicked Spirit to or for any intent or pupose ; or take any dead man woman or child out of his her or theire grave or any other place where the dead body resteth, or the skin, bone or any other parte of any dead person, to be imployed or used in any manner of Witchecrafte, Sorcerie, Charme or Inchantment ; or shall use practise or exercise any Witchcrafte Sorcerie, Charme or Incantment wherebie any pson shall be killed destroyed wasted consumed pined or lamed in his or her bodie, or any parte therof ; then that everie such Offendor or Offendors theire Ayders Abettors and Counsellors, being of the saide Offences dulie and lawfullie convicted and attainted, shall suffer pains of deathe as a Felon or Felons, and shall loose the priviledge and benefit of Cleargie and Sanctuarie.

AND FURTHER, to the intent that all manner of practise use or exercise of declaring by Witchcrafte, Inchantment Charme or Sorcerie should be from henceforth utterlie avoyded abolished and taken away, Be it enacted by the authorite of this p'sent Parliament, that if any pson or psons shall from and after the saide Feaste of Saint Michaell the Archangell next cominge, take upon him or them by Witchcrafte Inchantment Charme or Sorcerie to tell or declare in what place any treasure of Golde or silver should or had in the earth or other secret places, or where Goodes or Thinges loste or stollen should be founde or become ; or to the intent to Pvoke any person to unlawfull love, or wherebie and Cattell or Goods of any pson shall be destroyed wasted or impaired, or to hurte or destroy any Pson in his bodie, although the same be not effected and done : that then all and everie such pson or psons so offendinge, and beinge therof lawfullie convicted , shall for the said Offence suffer Imprisonment by the space of one whole yeere, without baile or maineprise, and once in everie quarter of the saide yeere, shall in some Markett Towne, upon the Markett Day, or at such tyme as any Faire shalbe kept there, stande openlie upon the Pillorie by the space of sixe houres, and there shall openlie confesse his or her error and offence ; And if any pson or psons beinge once convicted of the same offences as is aforesaide, doe eftsones ppetrate and comit the like offence, that then everie such Offender, beinge of the saide offences the second tyme lawfullie and duelie convicted and attainted as is aforesaide, shall suffer paines of deathe as a Felon or Felons, and shall loose the benefitt and priviledge of Clergie and Sanctuarie : Saving to the wife of such person as shall offend in any thinge contrarie to this Acte ; her title of dower ; and also to the heire and successor of everie such person his or theire titles of Inheritance Succession and other Rights, as though no such Attaindor or the Ancestor or Predecessor had been made ; Provided alwaies that if the offender in any cases aforesaide shall happen to be a Peere of this Realme, then his Triall therein is to be had by his Peeres, as it is used in cases of Felonie or Treason and not otherwise.

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NOTES
According to the Journal of the House of Lords this Bill was read for the first time on 2th March 1604 and committed on 29th March. However, having been considered and found to be imperfect, a new Bill was brought in on 2nd April. On 7th May amendments were read and the Bill appointed to be engrossed. On 11th May it was read in the House of Commons for the first
time. A month later it was passed and was returned to the Lords.


Transcript of Witchcraft Act of 1736

"An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits, except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, Against Conjurations, Inchantments, and Witchcrafts, and to repeal an Act passed in the Parliament
of Scotland in the Ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts, and for punishing such Persons as pretend to exercise or use any kind of Witchcraft, Sorcery, Inchantment, or Conjuration.

Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Statute made in the First Year of the Reign of King James the First, intituled, An Act against Conjuration, Witchcaft, and dealing with evil and wicked Spirits, shall, from the Twenty-fourth Day of June next, be repealed and utterly void, and of none effect (except so much thereof as repeals the Statute made in the Fifth Year of the Reign of Queen Elizabeth) intituled, An Act against Conjurations, Inchantments, and Witchcrafts.

And be it further enacted by the Authority aforesaid, That from and after the said Twenty-fourth Day of June, the Act passed in the Parliament of Scotland, in the Ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts, shall be, and is hereby repealed. And be it further enacted, That from and after the said Twenty-fourth Day of June, no Prosecution, Suit, or Proceeding, shall be commenced or carried on against any Person or Persons for Witchcraft, Sorcery, Inchantment, or Conjuration, or for charging another with any such Offence, in any Court whatsoever in Great Britain.

And for the more effectual preventing and punishing of any Pretences to such Arts or Powers as are before mentioned, whereby ignorant Persons are frequently deluded and defrauded; be it further enacted by the Authority aforesaid, That if any Person shall, from and after the said Twenty-fourth Day of June, pretend to exercise or use any kind of Witchcraft, Sorcery, Inchantment, or Conjuration, or undertake to tell Fortunes, or pretend, from his or her Skill or Knowledge in any occult or crafty Science, to discover where or in what manner any Goods or Chattels, supposed to have been stolen or lost, may be found, every Person, so offending, being thereof lawfully convicted on Indictment or Information in that part of Great Britain called England, or on Indictment or Libel in that part of Great Britain called Scotland, shall, for every such Offence, suffer Imprisonment by the Space of one whole Year without Bail or Mainprize, and once in every Quarter of the said Year, in some Market Town of the proper County, upon the Market Day, there stand openly on the Pillory by the Space of One Hour, and also shall (if the Court by which such Judgement shall be given shall think fit) be obliged to give Sureties for his or her good Behaviour, in such Sum, and for such Time, as the said Court shall judge proper according to the Circumstances of the Offence, and in such case shall be further imprisoned until such Sureties be given.