WITCHES HANGED BY SIR MATTHEW HALE.

One of the most remarkable trials that occur in the history of

criminal jurisprudence, was that of Amy Duny and Rose Cullender at

Bury St. Edmund's in the year 1664. Not for the circumstances that

occasioned it; for they were of the coarsest and most vulgar

materials. The victims were two poor, solitary women of the town of

Lowestoft in Suffolk, who had by temper and demeanour rendered

themselves particularly obnoxious to their whole neighbourhood.

Whenever they were offended with any one, and this frequently

happened, they vented their wrath in curses and ill language,

muttered between their teeth, and the sense of which could scarcely

be collected; and ever and anon they proceeded to utter dark

predictions of evil, which should happen in revenge for the ill

treatment they received. The fishermen would not sell them fish; and

the boys in the street were taught to fly from them with horror, or

to pursue them with hootings and scurrilous abuse. The principal

charges against them were, that the children of two families were

many times seized with fits, in which they exclaimed that they saw

Amy Duny and Rose Cullender coming to torment them. They vomited,

and in their vomit were often found pins, and once or twice a

two-penny nail. One or two of the children died; for the accusations

spread over a period of eight years, from 1656 to the time of the

trial. To back these allegations, a waggoner appeared, whose waggon

had been twice overturned in one morning, in consequence of the curses

of one of the witches, the waggon having first run against her hovel,

and materially injured it. Another time the waggon stuck fast in a

gate-way, though the posts on neither side came in contact with the

wheels; and, one of the posts being cut down, the waggon passed easily

along.

This trial, as I have said, was no way memorable for the circumstances

that occasioned it, but for the importance of the persons who were

present, and had a share in the conduct of it. The judge who presided

was sir Matthew Hale, then chief baron of the exchequer, and who had

before rendered himself remarkable for his undaunted resistance to

one of the arbitrary mandates of Cromwel, then in the height of his

power, which was addressed to Hale in his capacity of judge. Hale

was also an eminent author, who had treated upon the abstrusest

subjects, and was equally distinguished for his piety and inflexible

integrity. Another person, who was present, and accidentally took

part in the proceedings, was sir Thomas Browne, the superlatively

eloquent and able author of the Religio Medici. (He likewise took

a part on the side of superstition in the trial of the Lancashire

witches in 1634.) A judge also who assisted at the trial was Keeling,

who afterwards occupied the seat of chief justice.

Sir Matthew Hale apparently paid deep attention to the trial, and

felt much perplexed by the evidence. Seeing sir Thomas Browne in

court, and knowing him for a man of extensive information and vast

powers of intellect, Hale appealed to him, somewhat extrajudicially,

for his thoughts on what had transpired. Sir Thomas gave it as his

opinion that the children were bewitched, and inforced his position

by something that had lately occured in Denmark. Keeling dissented

from this, and inclined to the belief that it might all be practice,

and that there was nothing supernatural in the affair.

The chief judge was cautious in his proceeding. He even refused to

sum up the evidence, lest he might unawares put a gloss of his own

upon any thing that had been sworn, but left it all to the jury. He

told them that the Scriptures left no doubt that there was such a

thing as witchcraft, and instructed them that all they had to do was,

first, to consider whether the children were really bewitched, and

secondly, whether the witchcraft was sufficiently brought home to

the prisoners at the bar. The jury returned a verdict of guilty; and

the two women were hanged on the seventeenth of March 1664, one week

after their trial. The women shewed very little activity during the

trial, and died protesting their innocence. [225]

This trial is particularly memorable for the circumstances that

attended it. It has none of the rust of ages: no obscurity arises

from a long vista of years interposed between. Sir Matthew Hale and

sir Thomas Browne are eminent authors; and there is something in such

men, that in a manner renders them the contemporaries of all times,

the living acquaintance of successive ages of the world. Names

generally stand on the page of history as mere abstract idealities;

but in the case of these men we are familiar with their tempers and

prejudices, their virtues and vices, their strength and their

weakness.

They proceed in the first place upon the assumption that there is

such a thing as witchcraft, and therefore have nothing to do but with

the cogency or weakness of evidence as applied to this particular

case. Now what are the premises on which they proceed in this

question? They believe in a God, omniscient, all wise, all powerful,

and whose "tender mercies are over all his works." They believe in

a devil, awful almost as God himself, for he has power nearly

unlimited, and a will to work all evil, with subtlety, deep reach

of thought, vigilant, "walking about, seeking whom he may devour."

This they believe, for they refer to "the Scriptures, as confirming

beyond doubt that there is such a thing as witchcraft." Now what

office do they assign to the devil, "the prince of the power of the

air," at whose mighty attributes, combined with his insatiable

malignity, the wisest of us might well stand aghast? It is the first

law of sound sense and just judgment,

--_servetur ad imum,

Qualis ab incoepto processerit, et sibi constet_;

that every character which we place on the scene of things should

demean himself as his beginning promises, and preserve a consistency

that, to a mind sufficiently sagacious, should almost serve us in

lieu of the gift of prophecy. And how is this devil employed according

to sir Matthew Hale and sir Thomas Browne? Why in proffering himself

as the willing tool of the malice of two doting old women. In

afflicting with fits, in causing them to vomit pins and nails, the

children of the parents who had treated the old women with barbarity

and cruelty. In judgment upon these women sit two men, in some

respects the most enlightened of an age that produced Paradise Lost,

and in confirmation of this blessed creed two women are executed in

cool blood, in a country which had just achieved its liberties under

the guidance and the virtues of Hampden.

What right we have in any case to take away the life of a human being

already in our power, and under the forms of justice, is a problem,

one of the hardest that can be proposed for the wit of man to solve.

But to see some of the wisest of men, sitting in judgment upon the

lives of two human creatures in consequence of the forgery and tricks

of a set of malicious children, as in this case undoubtedly it was,

is beyond conception deplorable. Let us think for a moment of the

inexpressible evils which a man encounters when dragged from his

peaceful home under a capital accusation, of his arraignment in open

court, of the orderly course of the evidence, and of the sentence

awarded against him, of the "damned minutes and days he counts over"

from that time to his execution, of his being finally brought forth

before a multitude exasperated by his supposed crimes, and his being

cast out from off the earth as unworthy so much as to exist among

men, and all this being wholly innocent. The consciousness of

innocence a hundred fold embitters the pang. And, if these poor women

were too obtuse of soul entirely to feel the pang, did that give their

superiors a right to overwhelm and to crush them?

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