Jeremy Taylor was surely no Puritan; but he believed in witchcraft. It
is a sin, he tells us, that is “infallibly desperate,”[11] and in his
Holy Living (1650) he has even given the weight of his authority to the
reality of sexual relations between witches and the devil.[12]
It was not in Puritan times, but in 1664, four years after the
Restoration, that Sir Matthew Hale, then Chief Baron of the Exchequer,
pronounced from the bench the following opinion in the Bury St. Edmunds
case:--“That there were such Creatures as _Witches_ he made no doubt
at all; For _First_, the Scriptures had affirmed so much. _Secondly_,
The wisdom of all Nations had provided Laws against such Persons, which
is an Argument of their confidence of such a crime. And such hath been
the judgment of this Kingdom, as appears by that Act of Parliament[13]
which hath provided Punishments proportionable to the quality of
the Offence. And desired them [the jury], strictly to observe their
Evidence; and desired the great God of Heaven to direct their Hearts in
this weighty thing they had in hand: _For to Condemn the Innocent, and
to let the Guilty go free, were both an Abomination to the Lord_.”[14]
Hale’s words were fraught with momentous consequences, for he was
“allowed on all hands to be the most profound lawyer of his time,”[15]
and the Bury case became a precedent of great weight. “It was,”
writes Cotton Mather, “a Tryal much considered by the Judges of New
England.”[16]
Hale’s conduct on this occasion has of course subjected him to severe
criticism. Lord Campbell, for example, goes so far as to declare
that he “murdered” the old women,--a dictum which shows but slight
comprehension of the temper of the seventeenth century. More creditable
to Campbell’s historical sense is the following passage:--“Although, at
the present day, we regard this trial as a most lamentable exhibition
of credulity and inhumanity, I do not know that it at all lowered
Hale in public estimation in his own life.”[17] Bishop Burnet, as is
well-known, makes no mention of the case in his Life of Hale.[18]
One might surmise that he omitted it out of respect for his hero’s
memory, since his little book is rather an obituary tribute than a
biography. More probably, however, Burnet did not regard the case as
any more significant than many other decisions of Hale’s which he
likewise passed over in silence. Unequivocal evidence that the Bury
trial did not injure Hale’s reputation may be found in the silence of
Roger North. North’s elaborate character of Hale, in his Life of the
Lord Keeper Guilford,[19] is notoriously prejudiced in the extreme.
Though admitting Hale’s legal learning and many good qualities, North
loses no opportunity to attack his record. Besides, North praises
the Lord Keeper for his conduct in procuring the acquittal of an
alleged witch. If, then, the Bury case had seemed to him especially
discreditable, or if he had thought that it afforded an opening for
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