[68] The author has already stated that the court chiefly relied on
the decisions of Sir Matthew Hale, and the authorities of Keble,
Dalton and other lawyers of note who lay down “rules of conviction as
absurd as any ever adopted in New-England.” These illegal methods of
procedure the judges certainly did not receive from the clergy, or from
Perkins and Bernard, the clerical authorities recommended to them. Lord
Campbell brings similar charges against Sir Matthew Hale, in connection
with the Bury St. Edmund’s trial. He says, “he violated the plainest
rules of justice, and really was the murderer of two innocent women....
I would very readily have pardoned him for an undoubted belief in
witchcraft, and I should have considered that this belief detracted
little from his character for discernment and humanity.... There not
only was no evidence against them which ought to have weighed in the
mind of any reasonable man who believed in witchcraft; but during the
trial the imposture practised by the prosecutors was detected and
exposed. The enormous violation of justice then perpetrated has become
more revolting as the mists of ignorance, which partly covered it, have
been dispersed.” (_Lives of the Chief Justices_, vol. i. p. 561, 563.)
P.
[69] The colony law against witchcraft was re-enacted October 29, 1692.
The statute of King James I. was passed December 14, and published two
days later. Both were disallowed by the Privy Council, Aug. 22, 1695;
the latter for “being not found to agree with the statute of King James
I., whereby the dower is saved to the widow, and the inheritance to the
heir of the party convicted.” (_Province Laws_, 1869, vol. i. pp. 55,
91.)
P.
[70] The law was passed Nov. 25. December 7, William Stoughton was
elected chief justice (receiving every vote present), and Thomas
Danforth, John Richards, Wait Winthrop and Samuel Sewall, receiving
only majorities as associate judges. December 22, they received their
commissions.
Gov. Hutchinson states that the colony law against witchcraft was
revived by the first act of the Provincial Assembly, passed June 15,
and published June 28, 1692, providing “That all the local laws of
Massachusetts Bay and New Plymouth, being not repugnant to the laws of
England, do remain in full force, until the 10 day of November next.”
As the charges alleged in the witchcraft trials were committed, and
proceedings instituted, before June 28, and the special court was
instructed, May 27, to proceed under English law and custom, it is
probable that the court tried and executed every one of its victims
under English law, the statute of James I. Trials were held after the
old colony law was re-enacted; but no persons were executed after
September 22, 1692.
P.
Public-domain text, read in full here on John Shaqi.
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