Accordingly, during the years 319–21 a number of laws were passed which penalized and punished the craft of magic with the utmost severity. A pagan diviner or haruspex could only follow his vocation under very definite restrictions. He was not allowed to be an intimate visitor at the house of any citizen, for friendship with men of this kind must be avoided. “The haruspex who frequents the houses of others shall die at the stake,” such is the tenor of the code.12 It is hardly an exaggeration to say that almost every year saw a more rigid application of the laws; although even as today, when fortune-telling and peering into the future are forbidden by the Statute-Book, diviners and mediums abound, so then in spite of every prohibition astrologers, clairvoyants, and palmists had an enormous clientele of rich and poor alike. However, under Valens, owing to his discovery of the damning fact that certain prominent courtiers had endeavoured by means ot table-rapping to ascertain who should be his successor upon the throne, in the year 367 a regular crusade, which in its details recalls the heyday of Master Matthew Hopkins, was instituted against the whole race of magicians, soothsayers, mathematici, and theurgists, which perhaps was the first general prosecution during the Christian era. Large numbers of persons, including no doubt many innocent as well as guilty, were put to death, and a veritable panic swept through the Eastern world.
The early legal codes of most European nations contain laws directed against witchcraft. Thus, for example, the oldest document of Frankish legislation, the Salic Law (Lex salica), which was reduced to a written form and promulgated under Clovis, who died 27 November, 511, mulcts those who practise magic with various fines, especially when it could be proven that the accused launched a deadly curse, or had tied the Witch’s Knot. This latter charm was usually a long cord tightly tied up in elaborate loops, among whose reticulations it was customary to insert the feathers of a black hen, a raven, or some other bird which had, or was presumed to have, no speck of white. This is one of the oldest instruments of witchcraft and is known in all countries and among all nations. It was put to various uses. The wizards of Finland, when they sold wind to sailors who were becalmed in harbour, used to enclose the wind in the three knots of a rope. If the first knot were undone a gentle breeze sprang up; if the second, it blew a mackerel gale; if the third, a hurricane.13 But the Witch’s Ladder, as it was often known, could be used with far more baleful effects. The knots were tied with certain horrid maledictions, and then the cord was hidden away in some secret place, and unless it were found and the strands released the person at whom the curse was directed would pine and die. This charm continually occurs during the trials. Thus in the celebrated Island-Magee case, March 1711, when a coven of witches was discovered, it was remarked that an apron belonging to Mary Dunbar, a visitor at the house of the afflicted persons, had been abstracted. Miss Dunbar was suddenly seized with fits and convulsions, and sickened almost to death. After most diligent search the missing garment was found carefully hidden away and covered over, and a curious string which had nine knots in it had been so tied up with the folds of the linen that it was beyond anything difficult to separate them and loosen the ligatures. In 1886 in the old belfry of a village church in England there were accidentally discovered, pushed away in a dark corner, several yards of incle braided with elaborate care and having a number of black feathers thrust through the strands. It is said that for a long while considerable wonder was caused as to what it might be, but when it was exhibited and became known, one of the local grandmothers recognized it was a Witch’s Ladder, and, what is extremely significant, when it was engraved in the Folk Lore Journal an old Italian woman to whom the picture was shown immediately identified it as la ghirlanda delle streghe.
The laws of the Visigoths, which were to some extent founded upon the Roman law, punished witches who had killed any person by their spells with death; whilst long-continued and obstinate witchcraft, if fully proven, was visited with such severe sentences as slavery for life. In 578, when a son of Queen Fredegonde died, a number of witches who were accused of having contrived the destruction of the Prince were executed. It has been said in these matters that the ecclesiastical law was tolerant, since for the most part it contented itself with a sentence of excommunication. But those who consider this spiritual outlawry lenient certainly do not appreciate what such a doom entailed. Moreover, after a man had been condemned to death by the civil courts it would have been somewhat superfluous to have repeated the same sentence, and beyond the exercise of her spiritual weapons, what else was there left for the Church to do?
In 814, Louis le Pieux upon his accession to the throne began to take very active measures against all sorcerers and necromancers, and it was owing to his influence and authority that the Council of Paris in 829 appealed to the secular courts to carry out any such sentences as the Bishops might pronounce. The consequence was that from this time forward the penalty of witchcraft was death, and there is evidence that if the constituted authority, either ecclesiastical or civil, seemed to slacken in their efforts the populace took the law into their own hands with far more fearful results.
In England the early Penitentials are greatly concerned with the repression of pagan ceremonies, which
