Fortune-telling
Fortune-telling in Britain, was formerly included under the crime of Witchcraft, and was made punishable by death under the Statute of 1563 C. 73. This Act was repealed by 9 George II. C. 5, which ordained that no prosecution should thereafter be made on charge of Witchcraft, also by the said Act all persons professing to occult skill or undertaking to tell fortunes might be sentenced to imprisonment for one year, and to stand pillory and find surety for their future good behaviour.
Punishment by pillory is now abolished. By Act 5 George IV. c. 83 fortune-tellers were included along with other vagrants under the general category of rogues and vagabonds, and were liable to imprisonment for three months. This Act was made applicable to Scotland by 34 and 35 Vict. C. 24.
No prosecution occurred under it until the case of Smith (23 R (I.C.) 77). The old Act extended to Scotland as aforesaid enacted that "every person pretending or professing to tell fortunes or using any subtle craft, means, or device, by palmistry or otherwise to deceive, and impose on any of His Majesty's Subjects" shall be deemed a vagabond and rogue within the meaning of the Act and shall be punishable as therein provided. In the case above referred to the complainer, a woman named Jone Lee or Smith, was charged in the Police Court at Glasgow, with a contravention of the above enactment in respect that at a time and place specified, did pretend to tell the fortunes of "a person named" who was thereby induced to pay the accused the sum of sixpence. The accused was convicted of the contravention "as libelled " and brought a suspension. The Court quashed the conviction, holding that the complaint was irrelevant in that it did not set forth that the accused had pretended to tell fortunes with intent to deceive and impose on any one. Lord Young, one of the judges, in the course of his opinion says It has never been imagined, so far as I have ever heard, or thought, that writing, publishing, or selling books on the lines of the hand, or even on astrology-the position of the stars at birth and the rules upon which astrologers proceed in telling fortunes therefrom. I say that I have never heard of publishing, or selling such books is an offence, or that reading such books, and telling fortunes therefrom is an offence. Roguery and knavery might be committed that way, but it would be a special case. I am not in any way suggesting that a spae wife or anyone else may not through that means commit knavery and deception, and so be liable to punishment."
It would thus appear that fortune-telling is of itself no offence, unless it is accompanied by fraud, impositions, or intent to deceive. While it might be an offence for the palmist or fortune-teller knowingly to accept payment from a half witted or obviously apparent ignorant person, it can hardly be pretended that the ordinary person who consults a professional fortune teller or chrystal gazer and tenders payment in return for their skill at delineations of character or forecasting of the future, feels that he has been imposed upon should the delineations be at fault, or the forecast turn out inaccurate.
A.J.B.G.