The existence of all these devil-worshipping neighbors was a constant
reminder of the possibility of danger from witchcraft. One is
surprised, therefore, to find that there was no real outbreak until so
late in the century. It argues an uncommon degree of steadiness and
common sense among our forefathers that they held off the explosion so
long. Yet even this delay has been made to count against them, as if,
by 1692, they ought to have known better, even if they might have been
excusable some years before. In point of fact, the New Englanders, as
we have seen, made an end of trying witches nearly ten years earlier
than their English fellow-citizens. But we shall come back to this
question of dates presently.
Much has been written of the stupendous and criminal foolishness of
our ancestors in admitting “spectral evidence” at the Salem trials.
Nothing, of course, can be said in defence of such evidence in itself;
but a great deal might be said in defence of our ancestors on this
score. The fact is,--and it should never be lost sight of,--there was
nothing strange in their admitting such evidence. It was a matter of
course that they should admit it. To do so indeed, was one of the best
established of all legal principles. Spectral evidence was admitted,
for example, in England, either in examinations or in actual trials,
in 1593,[138] 1612,[139] 1616,[140] 1621,[141] 1633,[142] 1645,[143]
1650,[144] 1653,[145] 1654,[146] 1658,[147] 1660,[148] 1661,[149]
1663,[150] 1664,[151] 1665,[152] 1667,[153] 1670,[154] 1672,[155]
1673,[156] 1680,[157] 1683.[158] Even Chief Justice Holt, whose
honorable record in procuring the acquittal of every witch he tried
is well-known,[159] did not exclude spectral evidence: it was offered
and admitted in at least two of his cases--in 1695 and 1696[160]--both
later than the last witch trial in Massachusetts. In the 1697 edition
of that very popular manual, Michael Dalton’s Country Justice, spectral
evidence (“Their Apparition to the Sick Party in his Fits”) is
expressly mentioned as one of the proofs of witchcraft.[161] What may
fairly be called spectral evidence was admitted by Mr. Justice Powell,
anxious as he was to have the defendant acquitted, in the trial of Jane
Wenham in 1712.[162] The question, then, was not whether such evidence
might be heard, but what weight was to be attached to it. Thus, in Sir
Matthew Hale’s case, Mr. Serjeant Keeling was “much unsatisfied” with
such testimony, affirming that, if it were allowed to pass for proof,
“no person whatsoever can be in safety.”[163] He did not aver that it
should not have been admitted, but only protested against regarding it
as decisive, and in the end he seems to have become convinced of the
guilt of the defendants.[164] It is, therefore, nothing against our
ancestors that they heard such evidence, for they were simply following
the invariable practice of the English courts. On the other hand, it
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