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