Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred SubjectsUpham, Charles Wentworth
History
Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred Subjects
Upham, Charles Wentworth
Salem (Mass.) -- History -- Colonial period, ca. 1600-1775; Witchcraft -- Massachusetts -- Salem -- History -- 17th century
Every association and sentiment of his soul had been shocked by the
wrongs he had suffered. He could not walk over his fields, or look from
his windows, without feeling that a property which his father had given
to his brother had, in a manner that he knew would have been as odious
to that father as it was to him, passed into the hands of strangers,
and been used as a wedge on which everybody had conspired to deal
blows,[i.93] driving it into the centre of his patrimonial acres,
splitting and rending them through and through. He brooded over the
thought, until, whenever his mind was turned to it, his reason was
dethroned, his heart broken, and under its weight he fell into his
grave.
An argument addressed by him to the court and jury, in one of the
innumerable trials of the Bishop-farm case, is among the papers on
file. It appears to be a verbatim report of the speech as it was
delivered at the time, and proves him to have been a man of talents. It
is courteous, gentlemanly, and, I might say, scholarly in its diction
and style, skilful in its statements, and forcible in its arguments.
In all the earlier trials, the juries uniformly gave verdicts in favor
of Endicott; but Allen carried the cases up to the General Court, which
exercised a final and unrestrained jurisdiction in all matters referred
to it. It usually appointed committees or commissioners to examine such
questions, accepted their reports, and made them binding. Lands were
thus disposed of without the agency, and against the decisions, of
juries. In his arguments addressed to the General Court, Zerubabel
Endicott protested against this jurisdiction, by which his lands were
taken from him "by a committee, in an arbitrary way, being neither
bound nor sworn by law or evidence." He boldly denounced it.
"To be disseized of my inheritance; to be judged by three or four
committee-men, who are neither bound to law nor evidence,—who are, or
may be, mutable in their apprehensions,[i.94] doing one thing to-day,
and soon again undoing what they did,—I conceive, to be judged in such
an arbitrary way is repugnant to the fundamental law of England
contained in Magna Charta, chap. 29, which says no freeman shall be
disseized of his freehold but by the lawful judgment of his peers,—that
is to say, by due process of law; which was also confirmed by the
Petition of Right, by Act of Parliament, _tertio Caroli I_. And also
such arbitrary jurisdiction was exploded in putting down the
Star-Chamber Court; and the excessive fines imposed upon all such
actings. See 'English Liberties,' as also the fourth and sixth articles
against the Earl of Strafford in Baker's 'Chronicle,' folio 518."
He closes one of his remonstrances thus:—
Public-domain text, read in full here on John Shaqi.
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