In the absence of guidance by specific colony laws, and acting in consonance with the general paranoia of the community, the judges famously accepted ‘spectral evidence,’ and other untrustworthy kinds of evidence, as proof of guilt.”Īs a result, the courts decided to accept three kinds of evidence: 1) confession, 2) testimony of two eyewitnesses to acts of witchcraft or 3) spectral evidence. The commission that created this court said that the judges were to act ‘according to the law and custom of England and of this their Majesties’ Province.’ But this ignored the difference between the laws of England and the old laws of New England. Nevertheless, the new governor created a special court, the Court of Oyer and Terminer to deal with the witch cases. A new charter (1691) arrived from England in May 1692, along with the new governor, but as yet, the General Court had not had time to create any laws. The charter of the colony had been temporarily suspended (1684-1691) due to political and religious friction between the colony and England. “The Salem witchcraft trials of 1692 happened at the worst possible time. Had prohibited spectral evidence, had been revoked and replaced withĪ new charter in 1691, according to the Massachusetts Trial Court Law Īnother factor that allowed for the use of spectral evidence was theįact that the colony’s charter, and therefore previous laws, which And it was here the rather mentioned, because it was a Tryal, much considered by the judges of New England”. “Now, one of the latest printed accounts about a Tryal of Witches, is of what was before him, and it ran on this wise. Edmund case and Hale’s book and cited it asĪ reason to allow spectral evidence, according to Cotton Mather, in Matthew Hale later wrote a book about the trial, titled the Tryal of
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |