A History of Witchcraft in England from 1558 to 1718Notestein, Wallace
History
A History of Witchcraft in England from 1558 to 1718
Notestein, Wallace
Witchcraft -- England -- History
To show this, it is only necessary to run over some of the leading
trials of the period. We shall briefly take up four trials conducted
respectively by Justice Archer, Chief Baron Hale, Justice Rainsford, and
Justice Raymond.
Julian Cox, who was but one of the "pestilent brood" of witches ferreted
out in Somerset by the aggressive justice, Robert Hunt, was tried in
1663 at Taunton before Justice Archer.[11] The charges against her
indeed excited such interest all over England, and elicited, upon the
part of disbelievers, so much derision, that it will be worth our while
to go over the principal points of evidence. The chief witness against
her was a huntsman who told a strange tale. He had started a hare and
chased it behind a bush. But when he came to the bush he had found
Julian Cox there, stooped over and quite out of breath. Another witness
had a strange story to tell about her. She had invited him to come up on
her porch and take a pipe of tobacco with her. While he was with her,
smoking, he saw a toad between his legs. On going home he had taken out
a pipe and smoked again and had again seen what looked to be the same
toad between his legs. "He took the Toad out to kill it, and to his
thinking cut it in several pieces, but returning to his Pipe the Toad
still appeared.... At length the Toad cryed, and vanish'd." A third
witness had seen the accused fly in at her window "in her full
proportion." This tissue of evidence was perhaps the absurdest ever used
against even a witch, but the jury brought in a verdict of guilty. It is
not unpleasant to know that Justice Archer met with a good deal of
criticism for his part in the affair.
In the following year occurred the trials at Bury St. Edmunds, which
derive their interest and importance largely from the position of the
presiding judge, Sir Matthew Hale, who was at this time chief baron of
the exchequer, and was later to be chief justice of the king's bench. He
was allowed, according to the admission of one none too friendly to him,
"on all hands to be the most profound lawyer of his time."[12] Hale had
been a Puritan from his youth, though not of the rigid or theologically
minded sort. In the Civil Wars and the events that followed he had
remained non-partisan. He accepted office from Cromwell, though without
doubt mildly sympathizing with the king. One of those who had assisted
in recalling Charles II, he rose shortly to be chief baron of the
exchequer. Famous for his careful and reasoned interpretation of law, he
was to leave behind him a high reputation for his justice and for the
exceptional precision of his judgments. It is not too much to say that
he was one of the greatest legal figures of his century and that his
decisions served in no small degree to fix the law.
Public-domain text, read in full here on John Shaqi.
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