If theologians were armed by the authority or their
interpretation of Scripture, lawyers were no less so by that of
the Statute Book. Judge Hale, in an address to the jury at Bury
St. Edmund's, carefully weighing evidence, and, summing up,
assures them he did 'not in the least doubt there are witches:
first, because _the Scriptures affirmed it_; secondly, because
the _wisdom of all nations_, particularly of our own, _had
provided laws_ against witchcraft which implied their belief of
such a crime.'[139] Sir Thomas Browne, who gave his professional
experience at this trial, to the effect that the devil often acts
upon human bodies by natural means, afflicting them in a more
surprising manner through the diseases to which they are usually
subject; and that in the particular case, the fits (of vomiting
nails, needles, deposed by other witnesses) might be natural,
only raised to a great degree by the subtlety of the devil
cooperating with the malice of the witches, employs a well-known
argument when he declares ('Religio Medici'), 'Those that to
confute their incredulity desire to see apparitions shall
questionless never behold any. The devil hath these already in a
heresy as capital as witchcraft; and to appear to them were _but_
to convert them.'
[139] Unfortunately for the cause of truth and right, Sir
Matthew Hale's reasons are not an exceptional illustration
of the mischief according to Roger Bacon's experience of
'three very bad arguments we are always using--This has been
shown to be so; This is customary; This is universal:
Therefore it must be kept to.' Sir Thomas Browne, unable, as
a man of science, to accept in every particular alleged the
actual bona fide reality of the devil's power, makes a
compromise, and has 'recourse to a fraud of Satan,'
explaining that he is in reality but a clever juggler, a
transcendent physician who knows how to accomplish what is
in relation to us a prodigy, in knowing how to use natural
forces which our knowledge has not yet discovered. Such an
unworthy compromise was certainly not fitted to arouse men
from their 'cauchemar demonologique.'--See _Revue des Deux
Mondes_, Aug. 1, 1858.
John Selden, a learned lawyer, but of a liberal mind, was gifted
with a large amount of common sense, and it might be juster to
attribute the _dictum_ which has been supposed to betray 'a
lurking belief' to an excess of legal, rather than to a defect of
intellectual, perception. Selden, inferring that 'the law against
witches does not prove there be any, but it punishes the malice
of those people that use such means to take away men's lives,'
proceeds to assert that 'if one should profess that by turning
his hat thrice and crying "Buz," he could take away a man's life
(though in truth he could do no such thing), yet this were a just
law made by the state, that whosoever shall turn his hat ... with
an intention to take away a man's life, should be put to
death.'[140]
Public-domain text, read in full here on John Shaqi.
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