ENGLISH LAW OF HIGH TREASON.

It may seem strange that in a treatise concerning necromancy we should have occasion to speak of the English law of high treason. But on reflection perhaps it may appear not altogether alien to the subject.

This crime is ordinarily considered by our lawyers as limited and defined by the statute of 25 Edward III. As Blackstone has observed, "By the ancient common law there was a great lat.i.tude left in the breast of the judges, to determine what was treason, or not so: whereby the creatures of tyrannical power had opportunity to create abundance of constructive treasons; that is, to raise, by forced and arbitrary constructions, offences into the crime and punishment of treason, which were never suspected to be such. To prevent these inconveniences, the statute of 25 Edward III was made." [176] This statute divides treason into seven distinct branches; and the first and chief of these is, "when a man doth compa.s.s or imagine the death of our lord the king."

Now the first circ.u.mstance that strikes us in this affair is, why the crime was not expressed in more perspicuous and appropriate language?

Why, for example, was it not said, that the first and chief branch of treason was to "kill the king?" Or, if that limitation was not held to be sufficiently ample, could it not have been added, it is treason to "attempt, intend, or contrive to kill the king?" We are apt to make much too large an allowance for what is considered as the vague and obsolete language of our ancestors. Logic was the element in which the scholars of what are called the dark ages were especially at home. It was at that period that the description of human geniuses, called the Schoolmen, princ.i.p.ally flourished. The writers who preceded the Christian era, possessed in an extraordinary degree the gift of imagination and invention. But they had little to boast on the score of arrangement, and discovered little skill in the strictness of an accurate deduction. Meanwhile the Schoolmen had a surprising subtlety in weaving the web of an argument, and arriving by a close deduction, through a mult.i.tude of steps, to a sound and irresistible conclusion.

Our lawyers to a certain degree formed themselves on the discipline of the Schoolmen. Nothing can be more forcibly contrasted, than the mode of pleading among the ancients, and that which has characterised the processes of the moderns. The pleadings of the ancients were praxises of the art of oratorical persuasion; the pleadings of the moderns sometimes, though rarely, deviate into oratory, but princ.i.p.ally consist in dextrous subtleties upon words, or a nice series of deductions, the whole contexture of which is endeavoured to be woven into one indissoluble substance. Several striking examples have been preserved of the mode of pleading in the reign of Edward II, in which the exceptions taken for the defendant, and the replies supporting the mode of proceeding on behalf of the plaintiff, in no respect fall short of the most admired shifts, quirks and subtleties of the great lawyers of later times. [177]

It would be certainly wrong therefore to consider the legal phrase, to "compa.s.s or imagine the death of the king," as meaning the same thing as to "kill, or intend to kill" him. At all events we may take it for granted, that to "compa.s.s" does not mean to accomplish; but rather to "take in hand, to go about to effect." There is therefore no form of words here forbidding to "kill the king." The phrase, to "imagine,"

does not appear less startling. What is, to a proverb, more lawless than imagination?

Evil into the mind of G.o.d or man May come and go, so unapproved, and leave No spot or blame behind.

What can be more tyrannical, than an inquisition into the sports and freaks of fancy? What more unsusceptible of detection or evidence? How many imperceptible shades of distinction between the guilt and innocence that characterise them!--Meanwhile the force and propriety of these terms will strikingly appear, if we refer them to the popular ideas of witchcraft. Witches were understood to have the power of destroying life, without the necessity of approaching the person whose life was to be destroyed, or producing any consciousness in him of the crime about to be perpetrated. One method was by exposing an image of wax to the action of fire; while, in proportion as the image wasted away, the life of the individual who was the object contrived against, was undermined and destroyed. Another was by incantations and spells.

Either of these might fitly be called the "compa.s.sing or imagining the death." Imagination is, beside this, the peculiar province of witchcraft. And in these pretended hags the faculty is no longer desultory and erratic. Conscious of their power, they are supposed to have subjected it to system and discipline. They apply its secret and trackless energy with an intentness and a vigour, which ordinary mortals may in vain attempt to emulate in an application of the force of inert matter, or of the different physical powers by means of which such stupendous effects have often been produced.--How universal and familiar then must we consider the ideas of witchcraft to have been before language which properly describes the secret practices of such persons, and is not appropriate to any other, could have been found to insinuate itself into the structure of the most solemn act of our legislature, that act which beyond all others was intended to narrow or shut out the subtle and dangerous inroads of arbitrary power!

ZIITO.

Very extraordinary things are related of Ziito, a sorcerer, in the court of Wenceslaus, king of Bohemia and afterwards emperor of Germany, in the latter part of the fourteenth century. This is perhaps, all things considered, the most wonderful specimen of magical power any where to be found. It is gravely recorded by Dubravius, bishop of Olmutz, in his History of Bohemia. It was publicly exhibited on occasion of the marriage of Wenceslaus with Sophia, daughter of the elector Palatine of Bavaria, before a vast a.s.sembled mult.i.tude.

The father-in-law of the king, well aware of the bridegroom's known predilection for theatrical exhibitions and magical illusions, brought with him to Prague, the capital of Wenceslaus, a whole waggon-load of morrice-dancers and jugglers, who made their appearance among the royal retinue. Meanwhile Ziito, the favourite magician of the king, took his place obscurely among the ordinary spectators. He however immediately arrested the attention of the strangers, being remarked for his extraordinary deformity, and a mouth that stretched completely from ear to ear. Ziito was for some time engaged in quietly observing the tricks and sleights that were exhibited. At length, while the chief magician of the elector Palatine was still busily employed in shewing some of the most admired specimens of his art, the Bohemian, indignant at what appeared to him the bungling exhibitions of his brother-artist, came forward, and reproached him with the unskilfulness of his performances. The two professors presently fell into warm debate. Ziito, provoked at the insolence of his rival, made no more ado but swallowed him whole before the mult.i.tude, attired as he was, all but his shoes, which he objected to because they were dirty. He then retired for a short while to a closet, and presently returned, leading the magician along with him.

Having thus disposed of his rival, Ziito proceeded to exhibit the wonders of his art. He shewed himself first in his proper shape, and then in those of different persons successively, with countenances and a stature totally dissimilar to his own; at one time splendidly attired in robes of purple and silk, and then in the twinkling of an eye in coa.r.s.e linen and a clownish coat of frieze. He would proceed along the field with a smooth and undulating motion without changing the posture of a limb, for all the world as if he were carried along in a ship. He would keep pace with the king's chariot, in a car drawn by barn-door fowls. He also amused the king's guests as they sat at table, by causing, when they stretched out their hands to the different dishes, sometimes their hands to turn into the cloven feet of an ox, and at other times into the hoofs of a horse. He would clap on them the antlers of a deer, so that, when they put their heads out at window to see some sight that was going by, they could by no means draw them back again; while he in the mean time feasted on the savoury cates that had been spread before them, at his leisure.

At one time he pretended to be in want of money, and to task his wits to devise the means to procure it. On such an occasion he took up a handful of grains of corn, and presently gave them the form and appearance of thirty hogs well fatted for the market. He drove these hogs to the residence of one Michael, a rich dealer, but who was remarked for being penurious and thrifty in his bargains. He offered them to Michael for whatever price he should judge reasonable. The bargain was presently struck, Ziito at the same time warning the purchaser, that he should on no account drive them to the river to drink. Michael however paid no attention to this advice; and the hogs no sooner arrived at the river, than they turned into grains of corn as before. The dealer, greatly enraged at this trick, sought high and low for the seller that he might be revenged on him. At length he found him in a vintner's shop seemingly in a gloomy and absent frame of mind, reposing himself, with his legs stretched out on a form. The dealer called out to him, but he seemed not to hear. Finally he seized Ziito by one foot, plucking at it with all his might. The foot came away with the leg and thigh; and Ziito screamed out, apparently in great agony. He seized Michael by the nape of the neck, and dragged him before a judge. Here the two set up their separate complaints, Michael for the fraud that had been committed on him, and Ziito for the irreparable injury he had suffered in his person. From this adventure came the proverb, frequent in the days of the historian, speaking of a person who had made an improvident bargain, "He has made just such a purchase as Michael did with his hogs."

TRANs.m.u.tATION OF METALS.

Among the different pursuits, which engaged the curiosity of active minds in these unenlightened ages, was that of the trans.m.u.tation of the more ordinary metals into gold and silver. This art, though not properly of necromantic nature, was however elevated by its professors, by means of an imaginary connection between it and astrology, and even between it and an intercourse with invisible spirits. They believed, that their investigations could not be successfully prosecuted but under favourable aspects of the planets, and that it was even indispensible to them to obtain supernatural aid.

In proportion as the pursuit of trans.m.u.tation, and the search after the elixir of immortality grew into vogue, the adepts became desirous of investing them with the venerable garb of antiquity. They endeavoured to carry up the study to the time of Solomon; and there were not wanting some who imputed it to the first father of mankind.

They were desirous to track its footsteps in Ancient Egypt; and they found a mythological representation of it in the expedition of Jason after the golden fleece, and in the cauldron by which Medea restored the father of Jason to his original youth. [178] But, as has already been said, the first unquestionable mention of the subject is to be referred to the time of Dioclesian. [179] From that period traces of the studies of the alchemists from time to time regularly discover themselves.

The study of chemistry and its supposed invaluable results was a.s.siduously cultivated by Geber and the Arabians.

ARTEPHIUS.

Artephius is one of the earliest names that occur among the students who sought the philosopher's stone. Of him extraordinary things are told. He lived about the year 1130, and wrote a book of the Art of Prolonging Human Life, in which he professes to have already attained the age of one thousand and twenty-five years. [180] He must by this account have been born about one hundred years after our Saviour. He professed to have visited the infernal regions, and there to have seen Tantalus seated on a throne of gold. He is also said by some to be the same person, whose life has been written by Philostratus under the name of Apollonius of Tyana. [181] He wrote a book on the philosopher's stone, which was published in Latin and French at Paris in the year 1612.

RAYMOND LULLI.

Among the European students of these interesting secrets a foremost place is to be a.s.signed to Raymond Lulli and Arnold of Villeneuve.

Lulli was undoubtedly a man endowed in a very eminent degree with the powers of intellect. He was a native of the island of Majorca, and was born in the year 1234. He is said to have pa.s.sed his early years in profligacy and dissipation, but to have been reclaimed by the accident of falling in love with a young woman afflicted with a cancer. This circ.u.mstance induced him to apply himself intently to the study of chemistry and medicine, with a view to discover a cure for her complaint, in which he succeeded. He afterwards entered into the community of Franciscan friars.

Edward the First was one of the most extraordinary princes that ever sat on a throne. He revived the study of the Roman civil law with such success as to have merited the t.i.tle of the English Justinian. He was no less distinguished as the patron of arts and letters. He invited to England Guido dalla Colonna, the author of the Troy Book, and Raymond Lulli. This latter was believed in his time to have prosecuted his studies with such success as to have discovered the _elixir vitae_, by means of which he could keep off the a.s.saults of old age, at least for centuries, and the philosopher's stone. He is affirmed by these means to have supplied to Edward the First six millions of money, to enable him to carry on war against the Turks.

But he was not only indefatigable in the pursuit of natural science.

He was also seized with an invincible desire to convert the Mahometans to the Christian faith. For this purpose he entered earnestly upon the study of the Oriental languages. He endeavoured to prevail on different princes of Europe to concur in his plan, and to erect colleges for the purpose, but without success. He at length set out alone upon his enterprise, but met with small encouragement. He penetrated into Africa and Asia. He made few converts, and was with difficulty suffered to depart, under a solemn injunction that he should not return. But Lulli chose to obey G.o.d rather than man, and ventured a second time.

The Mahometans became exasperated with his obstinacy, and are said to have stoned him to death at the age of eighty years. His body was however transported to his native place; and miracles are reported to have been worked at his tomb. [182]

Raymond Lulli is beside famous for what he was pleased to style his Great Art. The ordinary accounts however that are given of this art a.s.sume a style of burlesque, rather than of philosophy. He is said to have boasted that by means of it he could enable any one to argue logically on any subject for a whole day together, independently of any previous study of the subject in debate. To the details of the process Swift seems to have been indebted for one of the humorous projects described by him in his voyage to Laputa. Lulli recommended that certain general terms of logic, metaphysics, ethics or theology should first be collected. These were to be inscribed separately upon square pieces of parchment. They were then to be placed on a frame so constructed that by turning a handle they might revolve freely, and form endless combinations. One term would stand for a subject, and another for a predicate. The student was then diligently to inspect the different combinations that fortuitously arose, and exercising the subtlety of his faculties to select such as he should find best calculated for his purposes. He would thus carry on the process of his debate; and an extraordinary felicity would occasionally arise, suggesting the most ingenious hints, and leading on to the most important discoveries. [183]--If a man with the eminent faculties which Lulli otherwise appeared to have possessed really laid down the rules of such an art, all he intended by it must have been to satirize the gravity with which the learned doctors of his time carried on their grave disputations in mood and figure, having regard only to the severity of the rule by which they debated, and holding themselves totally indifferent whether they made any real advances in the discovery of truth.

ARNOLD OF VILLENEUVE.

Arnold of Villeneuve, who lived about the same time, was a man of eminent attainments. He made a great proficiency in Greek, Hebrew, and Arabic. He devoted himself in a high degree to astrology, and was so confident in his art, as to venture to predict that the end of the world would occur in a few years; but he lived to witness the fallaciousness of his prophecy. He had much reputation as a physician.

He appears to have been a bold thinker. He maintained that deeds of charity were of more avail than the sacrifice of the ma.s.s, and that no one would be d.a.m.ned hereafter, but such as were proved to afford an example of immoral conduct. Like all the men of these times who were distinguished by the profoundness of their studies, he was accused of magic. For this, or upon a charge of heresy, he was brought under the prosecution of the inquisition. But he was alarmed by the fate of Peter of Apono, and by recantation or some other mode of prudent contrivance was fortunate enough to escape. He is one of the persons to whom the writing of the book, _De Tribus Impostoribus_, Of the Three Impostors (Moses, Jesus Christ and Mahomet) was imputed! [184]

ENGLISH LAWS RESPECTING TRANs.m.u.tATION.

So great an alarm was conceived about this time respecting the art of trans.m.u.tation, that an act of parliament was pa.s.sed in the fifth year of Henry IV, 1404, which lord c.o.ke states as the shortest of our statutes, determining that the making of gold or silver shall be deemed felony. This law is said to have resulted from the fear at that time entertained by the houses of lords and commons, lest the executive power, finding itself by these means enabled to increase the revenue of the crown to any degree it pleased, should disdain to ask aid from the legislature; and in consequence should degenerate into tyranny and arbitrary power. [185]

George Ripley, of Ripley in the county of York, is mentioned, towards the latter part of the fifteenth century, as having discovered the philosopher's stone, and by its means contributed one hundred thousand pounds to the knights of Rhodes, the better to enable them to carry on their war against the Turks. [186]

About this time however the tide appears to have turned, and the alarm respecting the multiplication of the precious metals so greatly to have abated, that patents were issued in the thirty-fifth year of Henry VI, for the encouragement of such as were disposed to seek the universal medicine, and to endeavour the trans.m.u.tation of inferior metals into gold. [187]

REVIVAL OF LETTERS.

While these things were going on in Europe, the period was gradually approaching, when the energies of the human mind were to loosen its shackles, and its independence was ultimately to extinguish those delusions and that superst.i.tion which had so long enslaved it.

Petrarch, born in the year 1304, was deeply impregnated with a pa.s.sion for cla.s.sical lore, was smitten with the love of republican inst.i.tutions, and especially distinguished himself for an adoration of Homer. Dante, a more sublime and original genius than Petrarch, was his contemporary. About the same time Boccaccio in his Decamerone gave at once to Italian prose that purity and grace, which none of his successors in the career of literature have ever been able to excel.

And in our own island Chaucer with a daring hand redeemed his native tongue from the disuse and ignominy into which it had fallen, and poured out the immortal strains that the genuine lovers of the English tongue have ever since perused with delight, while those who are discouraged by its apparent crabbedness, have yet grown familiar with his thoughts in the smoother and more modern versification of Dryden and Pope. From that time the principles of true taste have been more or less cultivated, while with equal career independence of thought and an ardent spirit of discovery have continually proceeded, and made a rapid advance towards the perfect day.

But the dawn of literature and intellectual freedom were still a long time ere they produced their full effect. The remnant of the old woman clung to the heart with a tenacious embrace. Three or four centuries elapsed, while yet the belief in sorcery and witchcraft was alive in certain cla.s.ses of society. And then, as is apt to occur in such cases, the expiring folly occasionally gave tokens of its existence with a convulsive vehemence, and became only the more picturesque and impressive through the strong contrast of lights and shadows that attended its manifestations.

JOAN OF ARC.

One of the most memorable stories on record is that of Joan of Arc, commonly called the Maid of Orleans. Henry the Fifth of England won the decisive battle of Agincourt in the year 1415, and some time after concluded a treaty with the reigning king of France, by which he was recognised, in case of that king's death, as heir to the throne.

Henry V died in the year 1422, and Charles VI of France in less than two months after. Henry VI was only nine months old at the time of his father's death; but such was the deplorable state of France, that he was in the same year proclaimed king in Paris, and for some years seemed to have every prospect of a fortunate reign. John duke of Bedford, the king's uncle, was declared regent of France: the son of Charles VI was reduced to the last extremity; Orleans was the last strong town in the heart of the kingdom which held out in his favour; and that place seemed on the point to surrender to the conqueror.

In this fearful crisis appeared Joan of Arc, and in the most incredible manner turned the whole tide of affairs. She was a servant in a poor inn at Domremi, and was accustomed to perform the coa.r.s.est offices, and in particular to ride the horses to a neighbouring stream to water.

Of course the situation of France and her hereditary king formed the universal subject of conversation; and Joan became deeply impressed with the lamentable state of her country and the misfortunes of her king. By dint of perpetual meditation, and feeling in her breast the promptings of energy and enterprise, she conceived the idea that she was destined by heaven to be the deliverer of France. Agreeably to the state of intellectual knowledge at that period, she persuaded herself that she saw visions, and held communication with the saints. She had conversations with St. Margaret, and St. Catherine of Fierbois. They told her that she was commissioned by G.o.d to raise the siege of Orleans, and to conduct Charles VII to his coronation at Rheims. St.

Catherine commanded her to demand a sword which was in her church at Fierbois, which the Maid described by particular tokens, though she had never seen it. She then presented herself to Baudricourt, governor of the neighbouring town of Vaucouleurs, telling him her commission, and requiring him to send her to the king at Chinon. Baudricourt at first made light of her application; but her importunity and the ardour she expressed at length excited him. He put on her a man's attire, gave her arms, and sent her under an escort of two gentlemen and their attendants to Chinon. Here she immediately addressed the king in person, who had purposely hid himself behind his courtiers that she might not know him. She then delivered her message, and offered in the name of the Most High to raise the siege of Orleans, and conduct king Charles to Rheims to be anointed. As a further confirmation she is said to have revealed to the king before a few select friends, a secret, which nothing but divine inspiration could have discovered to her.

Desperate as was then the state of affairs, Charles and his ministers immediately resolved to seize the occasion that offered, and put forward Joan as an instrument to revive the prostrate courage of his subjects. He had no sooner determined on this, than he pretended to submit the truth of her mission to the most rigorous trial. He called together an a.s.sembly of theologians and doctors, who rigorously examined Joan, and p.r.o.nounced in her favour. He referred the question to the parliament of Poitiers; and they, who met persuaded that she was an impostor, became convinced of her inspiration. She was mounted on a high-bred steed, furnished with a consecrated banner, and marched, escorted by a body of five thousand men, to the relief of Orleans. The French, strongly convinced by so plain an interposition of heaven, resumed the courage to which they had long been strangers. Such a phenomenon was exactly suited to the superst.i.tion and credulity of the age. The English were staggered with the rumours that every where went before her, and struck with a degree of apprehension and terror that they could not shake off. The garrison, informed of her approach, made a sally on the other side of the town; and Joan and her convoy entered without opposition. She displayed her standard in the market-place, and was received as a celestial deliverer.

She appears to have been endowed with a prudence, not inferior to her courage and spirit of enterprise. With great docility she caught the hints of the commanders by whom she was surrounded; and, convinced of her own want of experience and skill, delivered them to the forces as the dictates of heaven. Thus the knowledge and discernment of the generals were brought into play, at the same time that their suggestions acquired new weight, when falling from the lips of the heaven-instructed heroine. A second convoy arrived; the waggons and troops pa.s.sed between the redoubts of the English; while a dead silence and astonishment reigned among the forces, so lately enterprising and resistless. Joan now called on the garrison no longer to stand upon the defensive, but boldly to attack the army of the besiegers. She took one redoubt and then another. The English, overwhelmed with amazement, scarcely dared to lift a hand against her.