The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Mich. 7 Jac. Regis; In the Common-Pleas,

Muttoa's Case.

An Action upon the Case was brought against Mutton, for calling the Plaintiff Sorce and Inchanter, who plead∣ed Not Guilty; and it was found against to the Damage of six pence. And it was holden by the whole Court in the Common-Pleas, that no Action lyes for the laid words: for Sortilegus est qui per sortes futura praenunciat. Inchantry is vordis aut rebus adjunctis aliquid praeter na∣turam moliri. See 45 Ed. 3. 17. One was taken in Southwark, with the Head and Visage of a dead man, and with

a Book of Sorcery in his Mayl; and he was brought in∣to the Kings-Bench before Knevet Justice, but no Indict∣ment was framed against him; for which the Clerks made him swear never after to commit Sorcery, and he was sent to Prison; and the Head and Book were burn'd at Tuthil at the Prisoners charges.

The antient Law was, as by Britton appears, that who were attainted of Sorcery were burned; but the Law at this day is, they shall onely be fined and imprisoned. So if one call another Witch, an Action will not lye: But if one say, She is a Witch, and hath bewitched such a one to death, an Action upon the Case lyes, if in truth the party be dead. Conjuration, in the Stat. 5 Eliz. cap. 16. is ta∣ken for Invocation of any evil and wicked Spirits, and the same by that Act is made Felony: But Witchcraft, In∣chantment, Charms, or Sorcery, is not Felony, if not by them any person be killed or dyeth.

The first Statute made against Conjuration, Witchcraft, &c. was the Act 33 H. 8. c. 8. and by it they were Felony in certain Cases special; but that was repealed by the 1 Ed. 6. c. 12.