Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Another kind of punishment, to extort a confession, was what was called
“Waking” the witch. An iron bridle or hoop was placed cross-wise of her
face with four prongs, penetrating the mouth. The hoop was fastened
to the wall at the back of the head, so that the prisoner could not
lie down. She was kept in this position sometimes for several days,
attendants constantly prodding her, to keep her awake.[29]
In 1664 the venerable Sir Mathew Hale, condemned Amy Duny and Rose
Cullender, to be burned at the stake in St. Edmondsbury, upon the most
flimsy kind of proof, offered to establish this imaginary crime.[30]
When these two old women went to a shop to purchase herring, their
ugliness caused them to be insulted, and they resented it. The daughter
of the owner of the store was afflicted with epilepsy and the women were
charged with having bewitched her. She was blind-folded and when they
touched her, her imagination and nervousness was such that she was thrown
into a fit and this was received as proof positive of her bewitchment
and the fact that she also was thrown into a fit, when similarly
blind-folded, when others than the accused persons touched her, was held
incompetent as evidence in their favor.
Upon the evidence of Samuel Pacey, the girl’s father, Margaret Arnold,
her aunt, and Thomas Brown, as an expert witness upon Witchcraft, the
learned Sir Mathew Hale charged the jury to ascertain from the evidence,
first, whether or not the persons charged were actually bewitched and
if so, whether or not the prisoners had actually bewitched her. He
personally told the jury that he had no doubt of the fact that witches
existed, first because the Scriptures affirmed it and, secondly, because
the laws of the country recognized it. The jury promptly returned a
verdict of guilty and the girl and her father called the next morning to
see Sir Mathew Hale and advised him that the complete recovery of the
girl followed within a half hour after the verdict of conviction against
the prisoners.[31]
Eleven cases of witchcraft were tried before Chief-Justice Holt, between
1694 and 1701, but sentiment was changing toward this offense, by this
time and this rugged and astute lawyer made such an appeal to the jury,
in each case, that all the defendants were acquitted.[32]
Jane Wenham, known as the “Witch of Walkerne,” was tried and convicted
before Lord Chief-Justice Powell, in 1711, upon the most fanciful
and ridiculous kind of evidence, but she was pardoned, before her
execution.[33]
In 1716, however, a woman and her daughter only nine years old, were
tried and convicted of sorcery, at Huntingdon, because they had washed
their stockings and made a lather of soap and raised a storm and for this
terrible offense they were both hanged.[34]
But this was the last judicial execution for witchcraft in England,
although many prisoners were charged with the crime, between this date
and the year 1736, when the statute of James I. was repealed.[35]
Public-domain text, read in full here on John Shaqi.
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