The use of marks as evidence was not as new as the water ordeal. But it is a rather curious thing that in the two series of cases involving water ordeal the other process was also emphasized. In these two instances it would seem as if the advice of the _Daemonologie_ had been taken very directly by the accusers.[19] There was one other instance of this test.[20] The remarkable thing, however, is that in the most important trial of the time, that at Lancaster in 1612, there was an utter absence, at least so far as the extant record goes, of female juries or of reports from them.[21] This method of determining guilt was not as yet widely accepted in the courts. We can hardly doubt that it had been definitely forbidden at Lancaster.[22] The evidence of the use of evil spirits, against which the statute of the first year of James I had been especially framed, was employed in such a large proportion of trials that it is not worth while to go over the cases in detail.
The law forbade to take up any dead person or the skin, bone, or other part thereof for use in witchcraft. Presumably some instance of this form of witchcraft had been responsible for the phrase, but we have on record no case of the sort until a few years after the pa.s.sage of the statute. It was one of the princ.i.p.al charges against Johanna Harrison of Royston in 1606 that the officers found in her possession "all the bones due to the Anatomy of man and woman."[23] This discovery brought out other charges and she was hanged. At the famous Lancashire trials in 1612 the arch-witch Chattox was declared to have had in her possession three scalps and eight teeth. She was guilty on other counts, but she escaped the executioner by death.
These are ill.u.s.trations of the point that the _Daemonologie_ and the statute of James I find their commentary in the evidence offered at the trials. It goes without saying that these ill.u.s.trations represent only a few of the forms of testimony given in the courts. It may not, therefore, be amiss to run over some other specimens of the proof that characterized the witch trials of the reign. With most of them we are already familiar. The requirement that the witch should repeat certain words after the justice of the peace was used once in the reign of James. It was an unusual method at best.[24] A commoner form of proof was that adduced from the finding or seeing clay or waxen images in the possession of the accused.[25] The witness who had found such a model on the premises of the defendant or had seen the defendant handling it, jumped readily to the conclusion that the image represented some individual. If it should be asked how we are to account for this sort of evidence, the answer is an easy one. Every now and then in the annals of witchcraft it came out that a would-be accuser had hidden a waxen or clay figure in the house of the person he wished to accuse and had then found it. No doubt some cases started in this way. No doubt, too, bitter women with grudges to satisfy did experiment with images and were caught at it. But this was rare. In the greater number of cases the stories of images were pure fabrications. To that category belong almost certainly the tales told at Lancaster.[26]
"Spectral evidence" we have met with in the Elizabethan period. That reign saw two or three instances of its employment, and there were more examples of it in the reign of James. Master Avery of Northampton, who with his sister was the princ.i.p.al accuser in the trials there, saw in one of his fits a black wart on the body of Agnes Brown, a wart which was actually found "upon search."[27] Master Avery saw other spectres, but the most curious was that of a b.l.o.o.d.y man desiring him to have mercy on his Mistress Agnes and to cease impeaching her.[28] At Bedford, Master Enger"s servant had a long story to tell, but the most thrilling part concerned a visit which the young Mary Sutton (whom he was accusing) made to him. On a "moonshine night" she came in at the window in her "accustomed and personall habite and shape" and knitted at his side. Then drawing nearer, she offered him terms by which he could be restored to his former health, terms which we are to understand the virtuous witness refused. It is pleasant to know that Master Enger was "distrustfull of the truth" of this tale. One fears that these spectres were not the products of overwrought imagination, as were many others, but were merely fabrics of elaborate fiction.[29] In any case they were not the groundwork of the proof. In the Fairfax prosecutions at York in 1622 the charges against the six women accused rested entirely upon a great tissue of spectral evidence. The three children had talked to the spectres, had met them outdoors and at church and in the kitchen. The spectres were remarkably wise and named visitors whom the family did not know. They struggled with the children, they rolled over them in bed, they followed them to the neighbors.
Somewhat akin to the evidence from apparitions was that from the effect of a witch"s glance. This is uncommonly rare in English witchcraft, but the reign of James offers two instances of it. In Royston, Hertfordshire, there was "an honest fellow and as boone a companion ...
one that loved the pot with the long necke almost as well as his prayers." One day when he was drinking with four companions Johanna Harrison came in and "stood gloating upon them." He went home and at once fell sick.[30] At Northampton the twelve-year-old Hugh Lucas had looked "stark" upon Jane Lucas at church and gone into convulsions when he returned home.[31]
One other form of proof demands notice. In the trial of Jennet Preston at York it was testified that the corpse of Mr. Lister, whom she was believed to have slain by witchcraft, had bled at her presence. The judge did not overlook this in summarizing the evidence. It was one of three important counts against the woman, indeed it was, says the impressive Mr. Potts, quoting the judge, of more consequence than all the rest.[32] Of course Mistress Preston went to the gallows.
It will occur to the reader to ask whether any sort of evidence was ruled out or objected to. On this point we have but slight knowledge. In reporting the trial of Elizabeth Sawyer of Edmonton in 1621 the Reverend Henry Goodcole wrote that a piece of thatch from the accused woman"s house was plucked and burned, whereupon the woman presently came upon the scene.[33] Goodcole characterized this method as an "old ridiculous custome" and we may guess that he spoke for the judge too. In the Lancashire cases, Justice Altham, whose credulity knew hardly any bounds, grew suddenly "suspitious of the accusation of this yong wench, Jennet Device," who had been piling up charges against Alice Nutter. The girl was sent out of the room, the witches were mixed up, and Jennet was required on coming in again to pick out Alice Nutter. Of course that proved an easy matter.[34] At another time, when Jennet was glibly enumerating the witches that had a.s.sembled at the great meeting at Malking Tower, the judge suddenly asked her if Joane-a-Downe were there.
But the little girl failed to rise to the bait and answered negatively, much to the satisfaction of everybody, and especially of the righteous Mr. Potts.[35]
This is all we know directly about any tendency to question evidence at Lancaster in 1612, but a good deal more may be inferred from what is not there. A comparison of that trial with other contemporary trials will convince any one that Justices Altham and Bromley must have ruled out certain forms of evidence. There were no experiments made of any sort nor any female juries set inspecting.[36] This, indeed, is not to say that all silly testimony was excluded. There is enough and more of sheer nonsense in the testimony to prove the contrary.
We turn now from the question of evidence to a brief consideration of several less prominent features of Jacobean witchcraft. We shall note the character of the sentences, the distribution of the trials, the personnel and position in life of the accused, and lastly the question of jurisdiction.
We have in another connection indicated the approximate number of executions of which we have record in James"s reign. That number, we saw, was certainly over forty and probably approached fifty. It represented, however, not quite half the total number of cases of accusation recorded. In consequence the other verdicts and sentences have significance. Especially is this true of the acquittals. They amounted to thirty, perhaps to forty. When we add the trials of which we do not know the outcome, we can guess that the number was close to the sum total of executions. Legally only one other outcome of a trial was possible, a year"s imprisonment with quarterly appearances in the pillory. There were three or four instances of this penalty as well as one case where bond of good behavior was perhaps subst.i.tuted for imprisonment.[37] Five pardons were issued,[38] three of them by the authorities at London, two of them by local powers apparently under compulsion.[39]
We come now to consider the personnel, s.e.x, occupations, and positions in life of the accused. On certain of these matters it is possible to give statistical conclusions, but such conclusions must be accepted with great caution. By a count as careful as the insufficient evidence permits it would seem that about six times as many women were indicted as men. This was to be expected. It is perhaps less in accord with tradition that twice as many married women as spinsters seem to have figured in the witch trials of the Jacobean era. The proportion of widows to unmarried women was about the same, so that the proportion of unmarried women among the whole number accused would seem to have been small. These results must be accepted guardedly, yet more complete statistics would probably show that the proportion of married women was even greater.[40]
The position in life of these people was not unlike that of the same cla.s.s in the earlier period. In the account of the Lancashire trials we shall see that the two families whose quarrels started the trouble were the lowest of low hill-country people, beggars and charmers, lax in their morals and cunning in their dealings. The Flower women, mother and daughter, had been charged with evil living; it was said that Agnes Brown and her daughter of Northampton had very doubtful reputations; Mother Sutton of Bedford was alleged to have three illegitimate children. The rest of the witches of the time were not, however, quite so low in the scale. They were household servants, poor tenants, "hog hearders," wives of yeomen, broomsellers, and what not.
Above this motley peasant crew were a few of various higher ranks. A schoolmaster who had experimented with sorcery against the king,[41] a minister who had been "busy with conjuration in his youth,"[42] a lady charged with sorcery but held for other sin,[43] a conjurer who had rendered professional services to a pa.s.sionate countess,[44] these make up a strange group of witches, and for that matter an unimportant one.
None of their cases were ill.u.s.trations of the working of witch law; they were rather stray examples of the connection between superst.i.tion, on the one hand, and politics and court intrigue on the other. Not so, however, the prosecution of Alice Nutter in the Lancashire trials of 1612. Alice Nutter was a member of a well known county family. "She was," says Potts, "a rich woman, had a great estate and children of good hope."[45] She was moreover "of good temper, free from envy and malice."
In spite of all this she was accused of the most desperate crimes and went to the gallows. Why family connections and influences could not have saved her is a mystery.
In another connection we spoke of two witches pardoned by local authorities at the instance of the government. This brings us to the question of jurisdiction. The town of Rye had but recently, it would seem, been granted a charter and certain judicial rights. But when the town authorities sentenced one woman to death and indicted another for witchcraft, the Lord Warden interfered with a question as to their power.[46] The town, after some correspondence, gave way and both women were pardoned. This was, however, the only instance of disputed jurisdiction. The local powers in King"s Lynn hanged a witch without interference,[47] and the vicar-general of the Bishop of Durham proceeded against a "common charmer"[48] with impunity, as of course he had every right to do.
There is, in fact, a shred of evidence to show that the memory of ecclesiastical jurisdiction had not been lost. In the North Riding of Yorkshire the quarter sessions sentenced Ralph Milner for "sorcerie, witchcraft, inchantment and telling of fortunes" to confess his fault at divine service, "that he hath heighlie offended G.o.d and deluded men, and is heartily sorie."[49] There is nothing, of course, in the statute to authorize this form of punishment, and it is only accounted for as a reversion to the original ecclesiastical penalty for a crime that seemed to belong in church courts.
What we call nowadays mob law had not yet made its appearance--that is, in connection with witchcraft. We shall see plenty of it when we come to the early part of the eighteenth century. But there was in 1613 one significant instance of independence of any jurisdiction, secular or ecclesiastical. In the famous case at Bedford, Master Enger, whom we have met before, had been "d.a.m.nified" in his property to the round sum of 200. He was at length persuaded that Mother Sutton was to blame.
Without any authority whatsoever he brought her forcibly to his house and caused her to be scratched.[50] Not only so, but he threw the woman and her daughter, tied and bound, into his mill-pond to prove their guilt.[51] In the mean time the wretched creatures had been stripped of their clothes and examined for marks, under whose oversight we are not told, but Master Enger was responsible. He should have suffered for all this, but there is no record of his having done so. On the contrary he carried the prosecution of the women to a successful issue and saw them both hanged.
We now turn to the question of the distribution of witchcraft in the realm during James"s reign. From the incidental references already given, it will be evident that the trials were distributed over a wide area. In number executed, Lancashire led with ten, Leicester had nine, Northampton five or more, Middles.e.x four,[52] Bedford, Lincoln, York, Bristol, and Hertford each two; Derby had several, the exact number we can not learn. These figures of the more serious trials seem to show that the alarm was drifting from the southeast corner of England towards the midlands. In the last half of Elizabeth"s rule the centre had been to the north of London in the southern midlands. Now it seems to have progressed to the northern midlands. Leicester, Derby, and Nottingham may be selected as the triangle of counties that would fairly represent the centre of the movement. If the matter were to be determined with mathematical accuracy, the centre would need to be placed perhaps a little farther west, for Stafford, Cheshire, Bristol, and the remote Welsh Carnarvon all experienced witch alarms. In the north, York and Durham had their share of trials.
It will be easier to realize what had happened when we discover that, so far as records go, Kent and Ess.e.x were entirely quiet during the period, and East Anglia almost so. We shall later see that these counties had not at all forgotten to believe in witchcraft, but the witchfinders had ceased their activities for a while.
To be sure, this reasoning from the distribution of trials is a dangerous proceeding. Witch alarms, on they face of things, seem haphazard outbursts of excitement. And such no doubt they are in part; yet one who goes over many cases in order cannot fail to observe that an outbreak in one county was very likely to be followed by one in the next county.[53] This is perfectly intelligible to every one familiar with the essentially contagious character of these scares. The stories spread from village to village as fast as that personified Rumor of the poet Vergil, "than which nothing is fleeter"; nor did they halt with the sheriffs at the county boundaries.
We have now traced the growth of James"s opinions until they found effect in English law, have seen the practical operation of that law, and have gone over the forms of evidence, as well as some other features of the witch trials of his reign. In the next chapter we shall take up some of the more famous Jacobean cases in detail as examples of witch alarms. We shall seek to find out how they started and what were the real causes at work.
[1] I have not attempted to give more than a brief resume of this story, and have used Thomas Wright, _Narratives of Sorcery and Magic_ (London, 1851), I, 181-190, and Mrs. Lynn Linton, _Witch Stories_, 21-34. The pamphlet about Dr. Fian is a rare one, but may be found in several libraries. It has been reprinted by the _Gentleman"s Magazine_, vol.
XLIX (1779), by the Roxburghe Club (London, 1816), by Robert Pitcairn, in his _Criminal Trials in Scotland_ (Edinburgh, 1829-1833), vol. I, and doubtless in many other places. Pitcairn has also printed a part of the records of his trial.
[2] This is all based upon the contemporary accounts mentioned above.
[3] _Register of the Privy Council of Scotland_, IV (Edinburgh, 1881), 644-645, note.
[4] A fresh edition was brought out at London in 1603. In 1616 it appeared again as a part of the handsome collection of his _Workes_ compiled by the Bishop of Winchester.
[5] This story is to be found in the apocryphal book of Bel and the Dragon. It played a great part in the discussions of the writers on witchcraft.
[6] H. C. Lea, _Superst.i.tion and Force_ (4th ed., Philadelphia, 1892), 325 ff., gives some facts about the water ordeal on the Continent. A sharp dispute over its use in witch cases was just at this time going on there.
[7] He recommended torture in finding out the guilty: "And further experience daily proves how loth they are to confesse without torture, which witnesseth their guiltinesse," _Daemonologie_, bk. ii, ch. i.
[8] Wright, _Narratives of Sorcery and Magic_, I, 197.
[9] Edward Fairfax, _A Discourse of Witchcraft As it was acted in the Family of Mr. Edward Fairfax ... in the year 1621_ (Philobiblon Soc., _Miscellanies_, V, ed. R. Monckton Milnes, London, 1858-1859), "Preface to the Reader," 26, explains the king"s motive: His "Majesty found a defect in the statutes, ... by which none died for Witchcraft but they only who by that means killed, so that such were executed rather as murderers than as Witches."
[10] _Journals of the House of Lords_, II, 269; Wm. Cobbett, _Parliamentary History_, I, 1017, 1018.
[11] _Lords" Journal_, II, 271, 316; _Commons" Journal_, I, 203-204.
[12] _Cal. St. P., Dom., 1603-1610_, 117.
[13] It had pa.s.sed the third reading in the Commons on June 7; _Commons"
Journal_, I, 234.
[14] It can hardly be doubted that the change in the wording of the law was dictated not only by the desire to simplify the matter of proof but by a wish to satisfy those theologians who urged that any use of witchcraft was a "covenant with death" and "an agreement with h.e.l.l"
(Isaiah xxviii, 18).
[15] See Southworth case in Thomas Potts, _The Wonderfull Discoverie of Witches in the countie of Lancaster ..._ (London, 1613; reprinted, Chetham Soc., 1845), L 2 verso. Cited hereafter as Potts.
[16] See, below, appendix B. It should be added that six others who had been condemned by the judges for bewitching a boy were released at James"s command.
[17] _The Witches of Northamptonshire ..._ C 2 verso. The writer of this pamphlet, who does not tell the story of the ordeal so fully as the author of the MS. account, "A briefe abstract of the arraignment of nine witches at Northampton, July 21, 1612" (Brit. Mus., Sloane, 972), gives, however, proof of the influence of James in the matter. He says that the two ways of testing witches are by the marks and "the trying of the insensiblenesse thereof," and by "their fleeting on the water," which is an exact quotation from James, although not so indicated.
[18] The mother and father were apparently not sent to the a.s.size court.
[19] The female jury was used at Northampton ("women sworn"), also at Bedford, but by a private party.
[20] It was used in 1621 on Elizabeth Sawyer of Edmonton. In this case it was done clearly at the command of the judge who tried her at the Old Bailey.
[21] Elizabeth Device, however, confessed that the "said Devill did get blood under her left arme," which raises a suspicion that this confession was the result of accusations against her on that score.
[22] See account in next chapter of the trial at Lancaster.
[23] This case must be used with hesitation; see below, appendix A, -- 3.
[24] At Warboys the Samuels had been required to repeat: "If I be a witch and consenting to the death" of such and such a one. Alice Wilson, at Northampton in 1612, was threatened by the justice with execution, if she would not say after the minister "I forsake the Devil." She is said to have averred that she could not say this. See MS. account of the witches of Northampton.
[25] Well known is the practice ascribed to witches of making a waxen image, which was then p.r.i.c.ked or melted before the fire, in the belief that the torments inflicted upon it would be suffered by the individual it represented.