“8. Nevertheless, we cannot but humbly recommend unto the government,
the speedy and vigorous prosecution of such as have rendered themselves
obnoxious, according to the direction given in the laws of God, and
the wholesome statutes of the English nation, for the detection of
witchcrafts.”[60]
The two first and the last sections of this advice took away the
force of all the others, and the prosecutions went on with more vigor
than before. The exquisite caution in separating the evidence upon
the Devil’s authority from the rest, in the third section, and the
disbelieving those testimonies whose whole force is from the Devil
alone in the seventh section, must have puzzled the judges, and they
had need of some further authorities to guide them than Perkins or
Bernard,[61] or any other books they were furnished with.[62]
I was at a loss until I met with this return, by what law they
proceeded.[63] The old constitution was dissolved; no laws of the
colony were in force, witchcraft is no offence by the common law of
England. The statute of James I. was indeed more ancient than the
colony charter, but no statute had ever been adopted here. The General
Assembly had not then met, and there could have been no provision made
by a Province law, but it seems by the eighth section that the English
statutes were made the rule upon this extraordinary occasion. But what
authority the court had to change the sentence from burning to hanging,
I cannot conceive. Before the other trials the law against witchcraft
under the first charter was established with the other Colony laws. The
authority by which the court sat may as well be called in question.
No authority is given by the Province charter to any powers short of
the whole General Court to constitute courts of justice. The Governor
indeed, with the consent of the Council, appoints judges, commissioners
of Oyer and Terminer, and all officers belonging to the courts. It is
strange they did not tarry until the Assembly met. A judge shall not be
punished for mere error of judgment, but it certainly behooves him, in
a trial for life especially, to consider well by what authority he acts.
The court was held again by adjournment at Salem, June 30. Six [five]
women were brought upon trial, Sarah Good, Rebecca Nurse, Susannah
Martin, Elizabeth Howe, and Sarah Wildes.[64] The court and jury seemed
to have had no difficulty with any but Nurse. She was a church member,
and probably her good character caused the jury to bring in a verdict
not guilty; but the accusers making a very great clamor and the court
expressing their dissatisfaction with the verdict, the jury desired to
go out again, and then brought her in guilty. The foreman of the jury
gave the following certificate to satisfy her relations what induced an
alteration of the verdict.
“_July 4th, 1692._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account