omen and all four of them went
to the gallows.[45]
The same situation that brought about the attack upon witchcraft and
conjuration was no doubt responsible for the transfer of jurisdiction
over the crime. We have already seen that the practice of conjuration
had probably been left largely to the episcopal hierarchy for
punishment.[46] The archdeacons were expected in their visitations to
inquire into the practice of enchantment and magic within the parishes
and to make report.[47] In the reign of Elizabeth it became no light
duty. The church set itself to suppress both the consulter and the
consulted.[48] By the largest number of recorded cases deal of course
with the first class. It was very easy when sick or in trouble to go to
a professed conjurer for help.[49] It was like seeking a physician's
service, as we have seen. The church frowned upon it, but the danger
involved in disobeying the church was not deemed great. The cunning man
or woman was of course the one who ran the great risk. When worst came
to worst and the ecclesiastical power took cognizance of his profession,
the best he could do was to plead that he was a "good witch" and
rendered valuable services to the community.[50] But a good end was in
the eyes of the church no excuse for an evil means. The good witches
were dealers with evil spirits and hence to be repressed.
Yet the church was very light in its punishments. In the matter of
penalties, indeed, consulter and consulted fared nearly alike, and both
got off easily. Public confession and penance in one or more
specifically designated churches, usually in the nearest parish church,
constituted the customary penalty.[51] In a few instances it was
coupled with the requirement that the criminal should stand in the
pillory, taper in hand, at several places at stated times.[52] The
ecclesiastical records are so full of church penances that a student is
led to wonder how effectual they were in shaming the penitent into
better conduct. It may well be guessed that most of the criminals were
not sensitive souls that would suffer profoundly from the disgrace
incurred.
The control of matters of this kind was in the hands of the church by
sufferance only. So long as the state was not greatly interested, the
church was permitted to retain its jurisdiction.[53] Doubtless the kings
of England would have claimed the state's right of jurisdiction if it
had become a matter of dispute. The church itself recogniz
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