FOOTNOTES:

[49] Witchcraft, always an ecclesiastical offence, was first made a

statutory crime by 33 Hen. VIII. (1541), which Hutchinson suggests was

intended as 'a hank upon the reformers,' by reason of the part which

mentioned the pulling down of crosses. This act was repealed on the

accession of Edward VI., but was revived by 5 Eliz. c. 16 in a slightly

different form. Hutchinson mentions five convictions under this statute

between 1560 and 1597. A new act was passed in 1603, the first year of

the reign of James I. Under it seventeen persons were condemned to death

in Lancashire in 1634 on the evidence of one witness, who afterwards

admitted his imposture. Their lives were saved by the judge who tried

the case. In the eastern counties about fifty persons were executed in

1644 and 1645. Various other cases were tried throughout the seventeenth

century, of which a list is given by Hutchinson, and the last conviction

took place in 1712, at Hertford, but the prisoner was pardoned. The act

of James was repealed in 1736, when it was enacted that no more

prosecutions for witchcraft should take place, but that pretending to

exercise witchcraft, and so forth, should be offences punishable on the

same scale as other acts of petty cheating. Further information on the

subject may be found in Hutchinson's _Essay on Witchcraft_; and an

account of the very curious outburst of prosecutions for witchcraft in

New England about the time of this trial, and, it is said, partly in

consequence of it, may be found in Howell's _State Trials_, vol vi. pp.

647-686. In those parts of the British Empire where there is a large

population of negroes, it has been found necessary to make stringent

laws against witchcraft, which are regarded by the persons most affected

by them as something much more than a protection against mere cheats.

[50] Sir Matthew Hale (1609-1676) was the grandson of a Gloucestershire

weaver. He was educated as a Puritan and entered Magdalen Hall, Oxford,

in 1626. He here suddenly dropped his Puritan habits, and would have

become a soldier in the Low Countries, but that, having to consult the

learned Glanville as to legal proceedings taken against him which

endangered his patrimony, he was persuaded to become a law student. He

again resumed a quiet method of life, and owing to the slovenliness of

his dress narrowly escaped being shipped to the West Indies by a

press-gang. He was called in 1637, and already enjoying a considerable

reputation at once acquired a lucrative practice. He devilled for Noy,

but according to Campbell refused to follow him when he joined the Court

party. He kept clear of politics at the beginning of the Long

Parliament, though courted by both sides. He is said to have taken part

in Strafford's defence; he certainly defended Laud. He took the Covenant

in 1644, and sat in the Westminster Assembly of Divines. He procured

honourable terms for the garrison of Oxford on the capture of that town.

He took the engagement to be true to the Commonwealth in 1649, and

continued to practise, often appearing for the defence in State

prosecutions; particularly for the Duke of Hamilton after the battle of

Worcester. He took a prominent part in the Commission appointed to

reform the laws, which abolished feudal tenures and caused all legal

proceedings to be conducted in English. He became a Justice of the

Common Pleas in 1654, when he was occasionally brought into opposition

to the government. At last he refused to try criminal causes;

particularly that of Colonel Penruddock (see _post_, p. 59). He

supported Cromwell against the sectaries. He was summoned to act as

assessor to Cromwell's House of Lords; but refused to act as a judge

under Richard Cromwell, though he sat in his Parliament. He sat for

Gloucestershire in the Convention Parliament, and took an active part in

the Restoration. He sat at the trial of the Regicides, though not at

Vane's. On Bridgman becoming Chief-Justice of the Common Pleas in 1660,

Hale succeeded him as Chief-Baron, his appointment being due, it is

said, to Clarendon's scheme for having the Comprehension Bill, which he

had drafted, defeated. He became Lord Chief-Justice in 1671, in

succession to Kelyng. He has the reputation of being one of the greatest

judges in English history. He settled satisfactorily all claims arising

out of the rebuilding of London after the great fire; he found himself

unable to help Bunyan, whom he considered to have been unjustly

imprisoned, thereby, according to Campbell, being entitled to some of

the credit attaching to the production of _The Pilgrim's Progress_. On

the failure of his health he retired from the bench in 1676. It may be

of interest to quote Campbell's opinion of his conduct of the present

trial. 'I wish to God,' says that author, 'I could as successfully' (as

he has done in Bunyan's case) 'defend the conduct of Sir Matthew Hale in

a case to which I most reluctantly refer, but which I dare not, like

Bishop Burnet, pass over unnoticed--I mean the famous trial before him,

at Bury St. Edmunds, for witchcraft. I fostered a hope that I should

have been able, by strict inquiry, to contradict, or mitigate, the

hallucination under which he is generally supposed to have then

laboured, and which has clouded his fame--even in some degree impairing

the usefulness of that bright example of Christian piety which he has

left for the edification of mankind. But I am much concerned to say,

that a careful perusal of the proceedings and of the evidence shows that

upon this occasion he was not only under the influence of the most

vulgar credulity, but that he violated the plainest rules of justice,

and that he really was the murderer of two innocent women.... Had the

miserable wretches, indicted for witchcraft before Sir Matthew Hale,

pleaded guilty, or specifically confessed the acts of supernatural

agency imputed to them, or if there had been witnesses who had given

evidence, however improbable it might be, to substantiate the offence, I

should hardly have regarded the Judge with less reverence because he

pronounced sentence of death upon the unhappy victims of superstition,

and sent them to the stake, or the gibbet. But they resolutely persisted

in asserting their innocence, and there was not only 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.' 'Hale's motives were most

laudable; but he furnishes a memorable instance of the mischiefs

originating from superstition. He was afraid of an acquittal or of a

pardon, lest countenance should be given to a disbelief in witchcraft,

which he considered tantamount to a disbelief in Christianity. The

following Sunday he wrote a "Meditation concerning the mercy of God in

preserving us from the malice and power of Evil Angels," in which he

refers, with extreme complacency, to the trial over which he had

presided at Bury St. Edmunds.'

[51] See _ante_, p. 127.

[52] Sir Thomas Browne (1605-1682) was the well-known author of _Religio

Medici_, published in 1642; _Vulgar Errors_, published in 1646; and

numerous other mystic, pseudo-scientific and philosophical works. Mr.

Leslie Stephen (_Hours in a Library_, vol. ii. p. 11) writes of him:

'Obviously we shall find in Sir Thomas Browne no inexorably severe guide

to truth; he will not too sternly reject the amusing because it happens

to be slightly improbable, or doubt an authority because he sometimes

sanctions a mass of absurd fables.' So he more or less believed in the

griffin, the phoenix, and the dragon: he knew that the elephant had no

joints, and was caught by cutting down the tree against which he leant

in sleep; that the pelican pierced its breast for the good of its young;

that storks refused to live except in republics or free states; and that

men were struck dumb, literally dumb, by the sight of a wolf: he

discusses what would have happened had Adam eaten the apple of the Tree

of Life before that of the Tree of Knowledge; he discovers error in

every recorded speech but one delivered before the Flood; he admits that

the phoenix is mentioned in holy writers, and alluded to in Job and

the Psalms, but nevertheless adduces eight reasons for not believing in

his existence, of which one is that no one has seen one, another that in

the Scriptures the word translated phoenix also means a palm-tree,

another that he could neither enter the ark in a pair, nor increase and

multiply. At the same time, he probably possessed a considerable

knowledge of physical science, and holds a high, though peculiar,

position in English literature. Evidently he was not a suitable witness

in the present case, and his appearance as recorded above is far the

most unamiable thing known of him; but it is possible that his

neighbours did not take him more seriously as a trustworthy authority

than do his modern critics.

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