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Dalton's The Country Justice, 1690
Volume 153, Page 383   View pdf image (33K)
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Chap. 160.

Br. Cor.
213.

Felonies by Statute.

And quære what Statute it is that the Book meaneth.  Note, by the Stat. of
8 H. 6. cap. 6. such Offence was made Treason, if after the Offender did
burn the House; but that Statute of 8 H. 6. standeth now repealed.

383
P. Fel. 22.     Congregations and Confederacies holden by Masons, it is felony in the
Causers thereof, and finable in the Masons that come to such Congregations,
3 H. 6. cap. 1.
    §. 3.
Congregation.
P. Fel. 19.     Cutting out of any the Kings Subjects Tongues, or putting out their
eyes, of malice prepensed, is felony, 5 H. 4.  And for these the Offender
shall lose his Life, Lands and Goods.
    ' If any person or malice forethought, and by lying in wait, shall cut or
' disable the Tongue, put out an Eye, slit the Nose, cut off a Nose or Lip, or
' cut off or disable any Member or Limb, with intention to maim him, or
' disfigure him.  It is felony in them and their Abettors.  22 & 23
' Car. 2.
    ' Cloth, such as shall steal Cloth, or other Woollen Manufactures from
' the Tentors in the night time and be indicted thereof, shall lose the benefit
' of Clergy; But the Judge may order him to be Transported;
' which if he shall refuse to be, or shall return within seven years, he shall
' be executed, 22 Car. 2.
22 H. 8. 11.
P. Fel. 36.
    Cutting or breaking down of Powdike or other Banks in Marsh-land
maliciously, is felony.  2 & 3 Ph. & M. cap. 19.
1 Jac. 13.
P. Fel. 6, 7,
1.
    1.  Conjuration, or Invocation of any evil Spirit, for any intent, &c. or
to be counselling or aiding thereto, is felony without benefit of Clergy.
See Exod. 22.18.  Deut. 18.11. & Lev. 20.27.
    §. 4.
Conjuration.
    2.  To consult, covenant with, entertain, imploy, feed, or reward any
evil Spirit, to or for any intent or purpose, is felony in such Offenders,
their Aiders and Counsellors.
    3.  To take up any dead Body, or any part thereof, to be imployed or
used in any manner of Witchcraft, is felony in such Offenders, their Aiders
and Counsellors.
    4.  Also to use or practice Witchcraft, Enchantment, Charm or Sorcery,
whereby any person shall be killed, pined or lamed in any part of their
Body, or to be counselling or aiding thereto, is felony:  By the ancient
Common Law such Offenders were to be burned, Fit. 269. b.  ' See the
' Law of God against Witches, Exod. 22.18. and against such as seek to
' Witches and Wizards, Levit. 19.31. & 20.6.
    5.  Also the second time to practise Witchcraft, &c. thereby to declare
where any Treasure may be found, is felony.
    6.  Or where any Goods lost or stollen may be found.
    7.  Or where any Cattel or Goods shall be destroyed or impaired.
    8.  Or to the intent to provoke any person to love.
    9.  Or to the intent to hurt any person in their body, though it be not
effected.  All these are felony, sc. the second Offence, and without
benefit of Clergy.
    Now against these Witches (being the most cruel, revengeful and bloody
of all the rest) the Justices of Peace may not always expect direct Evidence,
seeing all their works are the works of darkness, and no Witnesses
present with them to accuse them; and therefore the better discovery,
I thought good here to insert certain Observations, partly out of the Book
of Discovery of the Witches that were arraigned at Lancaster, Anno 1612.
before Sir James Altham, and Sir Ed. Bromley, Judges of Assize there, and
partly out of Mr. Bernards Guide to Grand-jury-men.
    §. 5.
Witches.
1 Sam. 28.
7.
1 Chro. 10
13.
    1.  These Witches have ordinarily a Familiar or Spirit, which appeareth
to them sometimes in one shape, sometimes in another; as in the shape


 
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Dalton's The Country Justice, 1690
Volume 153, Page 383   View pdf image (33K)
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