[13] James Gairdner, Life and Reign of Richard III (2d ed., London, 1879), 81-89. Jane Shore was finally tried before the court of the Bishop of London.
[14] Sir J. F. Stephen, History of the Criminal Law of England (London, 1883), II, 410, gives five instances from Archdeacon Hale's Ecclesiastical Precedents; see extracts from Lincoln Episcopal Visitations in Archæologia (Soc. of Antiquaries, London), XLVIII, 254-255, 262; see also articles of visitation, etc., for 1547 and 1559 in David Wilkins, Concilia Magnae Britanniae (London, 1737), IV, 25, 186, 190.
[15] An earlier statute had mentioned sorcery and witchcraft in connection with medical practitioners. The "Act concerning Phesicions and Surgeons" of 3 Henry VIII, ch. XI, was aimed against quacks. "Forasmoche as the science and connyng of Physyke and Surgerie to the perfecte knowlege wherof bee requisite bothe grete lernyng and ripe experience ys daily ... exercised by a grete multitude of ignoraunt persones ... soofarfurth that common Artificers as Smythes Wevers and Women boldely and custumably take upon theim grete curis and thyngys of great difficultie In the which they partely use socery and which crafte [sic] partely applie such medicyne unto the disease as be verey noyous," it was required that every candidate to practice medicine should be examined by the bishop of the diocese (in London by either the bishop or the Dean of St. Paul's).
[16] Stephen, History of Criminal Law, II, 431, says of this act: "Hutchinson suggests that this act, which was passed two years after the act of the Six Articles, was intended as a 'hank upon the reformers,' that the part of it to which importance was attached was the pulling down of crosses, which, it seems, was supposed to be practised in connection with magic. Hutchinson adds that the act was never put into execution either against witches or reformers. The act was certainly passed during that period of Henry's reign when he was inclining in the Roman Catholic direction." The part of the act to which Hutchinson refers reads as follows: "And for execucion of their saide falce devyses and practises have made or caused to be made dyvers Images and pictures of men, women, childrene, Angelles or develles, beastes or fowles, ... and gyving faithe and credit to suche fantasticall practises have dygged up and pulled downe an infinite nombre of Crosses within this Realme."
[17] Parliamentary History (London, 1751-1762), III, 229.
[18] Ibid.
[19] Autobiography of Edward Underhill (in Narratives of the Days of the Reformation, Camden Soc., London, 1859), 172-175.
[20] The measure in fact reached the engrossing stage in the Commons. Both houses, however, adjourned early in April and left it unpassed.
[21] Several of the bishops who were appointed on Elizabeth's accession had travelled in South Germany and Switzerland during the Marian period and had the opportunity of familiarizing themselves with the propaganda in these parts against witches. Thomas Bentham, who was to be bishop of Coventry and Lichfield, had retired from England to Zurich and had afterwards been preacher to the exiles at Basel. John Parkhurst, appointed bishop of Norwich, had settled in Zurich on Mary's accession. John Scory, appointed bishop of Hereford, had served as chaplain to the exiles in Geneva. Richard Cox, appointed bishop of Ely, had visited Frankfort and Strassburg. Edmund Grindall, who was to be the new bishop of London, had, during his exile, visited Strassburg, Speier, and Frankfort. Miles Coverdale, who had been bishop of Exeter but who was not reappointed, had been in Geneva in the course of his exile. There were many other churchmen of less importance who at one time or another during the Marian period visited Zurich. See Bullinger's Diarium (Basel, 1904) and Pellican's Chronikon (Basel, 1877), passim, as also Theodor Vetter, Relations between England and Zurich during the Reformation (London, 1904). At Strassburg the persecution raged somewhat later; but how thoroughly Bucer and his colleagues approved and urged it is clear from a letter of advice addressed by them in 1538 to their fellow pastor Schwebel, of Zweibrücken (printed as No. 88 in the Centuria Epistolarum appended to Schwebel's Scripta Theologica, Zweibrücken, 1605). That Bucer while in England (1549-1551) found also occasion to utter these views can hardly be doubted. These details I owe to Professor Burr.
[22] Various dates have been assigned for Jewel's sermon, but it can be determined approximately from a passage in the discourse. In the course of the sermon he remarked: "I would wish that once again, as time should serve, there might be had a quiet and sober disputation, that each part might be required to shew their grounds without self will and without affection, not to maintain or breed contention, ... but only that the truth may be known.... For, at the last disputation that should have been, you know which party gave over and would not meddle." This is clearly an allusion to the Westminster disputation of the last of March, 1559; see John Strype, Annals of the Reformation (London, 1709-1731; Oxford, 1824), ed. of 1824, I, pt. i, 128. The sermon therefore was preached after that disputation. It may be further inferred that it was preached before Jewel's controversy with Cole in March, 1560. The words, "For at the last disputation ... you know which party gave over and would not meddle," were hardly written after Cole accepted Jewel's challenge. It was on the second Sunday before Easter (March 17), 1560, that Jewel delivered at court the discourse in which he challenged dispute on four points of church doctrine. On the next day Henry Cole addressed him a letter in which he asked him why he "yesterday in the Court and at all other times at Paul's Cross" offered rather to "dispute in these four points than in the chief matters that lie in question betwixt the Church of Rome and the Protestants." In replying to Cole on the 20th of March Jewel wrote that he stood only upon the negative and again mentioned his offer. On the 31st of March he repeated his challenge upon the four points, and upon this occasion went very much into detail in supporting them. Now, in the sermon which we are trying to date, the sermon in which allusion is made to the prevalence of witches, the four points are briefly named. It may be reasonably conjectured that this sermon anticipated the elaboration of the four points as well as the challenging sermon of March 17. It is as certain that it was delivered after Jewel's return to London from his visitation in the west country. On November 2, 1559, he wrote to Peter Martyr: "I have at last returned to London, with a body worn out by a most fatiguing journey." See Zurich Letters, I (Parker Soc., Cambridge, 1842), 44. It is interesting and significant that he adds: "We found in all places votive relics of saints, nails with which the infatuated people dreamed that Christ had been pierced, and I know not what small fragments of the sacred cross. The number of witches and sorceresses had everywhere become enormous." Jewel was consecrated Bishop of Salisbury in the following January, having been nominated in the summer of 1559 just before his western visitation. The sermon in which he alluded to witches may have been preached at any time after he returned from the west, November 2, and before March 17. It would be entirely natural that in a court sermon delivered by the newly appointed bishop of Salisbury the prevalence of witchcraft should be mentioned. It does not seem a rash guess that the sermon was preached soon after his return, perhaps in December, when the impression of what he had seen in the west was still fresh in his memory. But it is not necessary to make this supposition. Though the discourse was delivered some time after March 15, 1559, when the first bill "against Conjurations, Prophecies, etc.," was brought before the Commons (see Journal of the House of Commons, I, 57), it is not unreasonable to believe that there was some connection between the discourse and the fortunes of this bill. That connection seems the more probable on a careful reading of the Commons Journals for the first sessions of Elizabeth's Parliament. It is evident that the Elizabethan legislators were working in close cooperation with the ecclesiastical authorities. Jewel's sermon may be found in his Works (ed. for the Parker Soc., Cambridge, 1845-1850), II, 1025-1034. (For the correspondence with Cole see I, 26 ff.)