No Comment — March 5, 2008, 4:56 pm

Witching Moment

Dr. Matthew Happold of the law faculty at the University of Hull writes us with this considerably more detailed treatment of the pardon appeal on behalf of the Scots medium Helen Duncan:

As an English lawyer, I am, of course, always happy to traduce Scots law, but the situation was a little more complex than you suggested. A considerable number of prosecutions for witchcraft took place in early modern Scotland (some 3,837 people according to the University of Edinburgh’s Survey of Scottish Witchcraft) and torture was used up until 1704. However, in 1735 Parliament enacted an Act (long title: “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such Persons as pretend to exercise or use any kind of Witchcraft, Sorcery, Inchantment, or Conjuration”), which repealed the 1563 statute which had previously governed
prosecutions for witchcraft in Scotland.

The 1735 Act was premised on Enlightenment beliefs in the non-existence of witchcraft. It provided that, from its coming into force, “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.” Instead, “for the more effectual preventing and punishing of any Pretences to such Arts or Powers …, whereby ignorant Persons are frequently deluded and
defrauded … any Person [who] shall … 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” could be subject to criminal sanction. Possible penalties
were imprisonment for up to a year, exposure in the pillory and being required
to find sureties for good behaviour, but not death. Essentially, persons
claiming to have magical powers were to be treated as fraudsters.

It was under the 1735 Act that Helen Duncan was convicted. Indeed, much of
the
clamour by spiritualists against her conviction arise from their belief that
she
was not a fraud; that her powers were genuine, and that she was punished for
telling the inconvenient truth (although it’s also true that by the date of her
prosecution the 1735 Act had fallen into disuse).

Interestingly, in 1951 the 1735 Witchcraft Act was itself repealed and replaced
by the Fraudulent Mediums Act, which provides for “the punishment of persons
who fraudulently purport to act as spiritualistic mediums or to exercise powers
of telepathy, clairvoyance or other similar powers.” Some might say this was a
regression, rather than progress, as it could be interpreted to suggest that
some mediums are not fraudulent. That might, however, be simply because it is
considered that they delude themselves, rather than that they exercise genuine
powers.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 169 years of
Harper’s for only $23.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2019

Gimme Shelter

= Subscribers only.
Sign in here.
Subscribe here.

Body Language

= Subscribers only.
Sign in here.
Subscribe here.

Trash, Rock, Destroy

= Subscribers only.
Sign in here.
Subscribe here.

Make Way for Tomorrow

= Subscribers only.
Sign in here.
Subscribe here.

The Red Dot

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Gimme Shelter·

= Subscribers only.
Sign in here.
Subscribe here.

I.

That year, the year of the Ghost Ship fire, I lived in a shack. I’d found the place just as September’s Indian summer was giving way to a wet October. There was no plumbing or running water to wash my hands or brush my teeth before sleep. Electricity came from an extension cord that snaked through a yard of coyote mint and monkey flower and up into a hole I’d drilled in my floorboards. The structure was smaller than a cell at San Quentin—a tiny house or a huge coffin, depending on how you looked at it—four by eight and ten feet tall, so cramped it fit little but a mattress, my suit jackets and ties, a space heater, some novels, and the mason jar I peed in.

The exterior of my hermitage was washed the color of runny egg yolk. Two redwood French doors with plexiglass windows hung cockeyed from creaky hinges at the entrance, and a combination lock provided meager security against intruders. White beadboard capped the roof, its brim shading a front porch set on cinder blocks.

After living on the East Coast for eight years, I’d recently left New York City to take a job at an investigative reporting magazine in San Francisco. If it seems odd that I was a fully employed editor who lived in a thirty-two-square-foot shack, that’s precisely the point: my situation was evidence of how distorted the Bay Area housing market had become, the brutality inflicted upon the poor now trickling up to everyone but the super-rich. The problem was nationwide, although, as Californians tend to do, they’d taken this trend to an extreme. Across the state, a quarter of all apartment dwellers spent half of their incomes on rent. Nearly half of the country’s unsheltered homeless population lived in California, even while the state had the highest concentration of billionaires in the nation. In the Bay Area, including West Oakland, where my shack was located, the crisis was most acute. Tent cities had sprung up along the sidewalks, swarming with capitalism’s refugees. Telegraph, Mission, Market, Grant: every bridge and overpass had become someone’s roof.

Post
Perhaps the World Ends Here·

= Subscribers only.
Sign in here.
Subscribe here.

Climate disaster at Wounded Knee

Article
Body Language·

= Subscribers only.
Sign in here.
Subscribe here.

I am eight years old, sitting in my childhood kitchen, ready to watch one of the home videos my father has made. The videotape still exists somewhere, so somewhere she still is, that girl on the screen: hair that tangles, freckles across her nose that in time will spread across one side of her forehead. A body that can throw a baseball the way her father has shown her. A body in which bones and hormones lie in wait, ready to bloom into the wide hips her mother has given her. A body that has scars: the scars over her lungs and heart from the scalpel that saved her when she was a baby, the invisible scars left by a man who touched her when she was young. A body is a record or a body is freedom or a body is a battleground. Already, at eight, she knows it to be all three.

But somebody has slipped. The school is putting on the musical South Pacific, and there are not enough roles for the girls, and she is as tall as or taller than the boys, and so they have done what is unthinkable in this striving 1980s town, in this place where the men do the driving and the women make their mouths into perfect Os to apply lipstick in the rearview. For the musical, they have made her a boy.

No, she thinks. They have allowed her to be a boy.

Article
Trash, Rock, Destroy·

= Subscribers only.
Sign in here.
Subscribe here.

The writer and filmmaker Virginie Despentes lives in a nondescript modern building in the Belleville neighborhood of Paris. I know it well: it has a Bricorama—like a French Home Depot—on the ground floor, where we sometimes had cause to shop back when we lived in the neighborhood. The people who work there seemed to hate their jobs more than most; they were often absent from the sales floor. In the elevator to Despentes’s apartment, I marvel that while I was trying to get someone to help me find bathroom grout she was right upstairs, with her partner, Tania, a Spanish tattoo artist who goes by the name La Rata, like someone out of one of Despentes’s novels.

In an email before our meeting, Despentes asked that we not do a photo shoot. “There are so many images available already,” she explained. Much had been written about her, too. A Google search yielded page after page: profiles, interviews, reviews, bits and bobs—she read from Pasolini at a concert with Béatrice Dalle; someone accused her of plagiarizing a translation; a teacher in Switzerland was fired for teaching her work. The week I met her, she appeared in the culture magazine Les Inrockuptibles in conversation with the rapper-turned-actor JoeyStarr. The woman is simply always in the news.

Article
The Red Dot·

= Subscribers only.
Sign in here.
Subscribe here.

That night at the window, looking out at the street full of snow, big flakes falling through the streetlight, I listened to what Anna was saying. She was speaking of a man named Karl. We both knew him as a casual acquaintance—thin and lanky like Ichabod Crane, with long hair—operating a restaurant down in the village whimsically called the Gist Mill, with wood paneling, a large painting of an old gristmill on a river on one wall, tin ceilings, and a row of teller cages from its previous life as a bank. Karl used to run along the river, starting at his apartment in town and turning back about two miles down the path. He had been going through the divorce—this was a couple of years ago, of course, Anna said—and was trying to run through his pain.

Cost of renting a giant panda from the Chinese government, per day:

$1,500

A recent earthquake in Chile was found to have shifted the city of Concepción ten feet to the west, shortened Earth’s days by 1.26 microseconds, and shifted the planet’s axis by nearly three inches.

An eight-foot minke whale washed ashore on the Thames, the third beaching of a dead whale on the river in two months.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Jesus Plus Nothing

= Subscribers only.
Sign in here.
Subscribe here.

By

At Ivanwald, men learn to be leaders by loving their leaders. “They’re so busy loving us,” a brother once explained to me, “but who’s loving them?” We were. The brothers each paid $400 per month for room and board, but we were also the caretakers of The Cedars, cleaning its gutters, mowing its lawns, whacking weeds and blowing leaves and sanding. And we were called to serve on Tuesday mornings, when The Cedars hosted a regular prayer breakfast typically presided over by Ed Meese, the former attorney general. Each week the breakfast brought together a rotating group of ambassadors, businessmen, and American politicians. Three of Ivanwald’s brothers also attended, wearing crisp shirts starched just for the occasion; one would sit at the table while the other two poured coffee. 

Subscribe Today