To conclude; Judicious Casuists 73have determined, that to make use of those Media to come to the Knowledge of any Matter, which have no such power in them by Nature, nor by Divine Institution is an Implicit going to the Devil to make a discovery: Now there is no natural Power in the Look or Touch of a Person to bewitch another; nor is this by Divine Institution the means whereby Witchcraft is discovered: Therefore it is an unwarrantable Practice.
We proceed now to the third Case proposed to Consideration; If the things which have been mentioned are not infallible Proofs of Guilt in the accused Party, it is then Queried, Whether there are any Discoveries of this Crime, which Jurors and Judges may with a safe Conscience proceed upon to the Conviction and Condemnation of the Persons under Suspicion?
Let me here premise Two things,
1. The Evidence in this Crime ought to be as clear as in any other Crimes of a Capital nature. The Word of God does no where intimate, that a less clear Evidence, or that fewer or other Witnesses may be taken as sufficient to convict a Man of Sorcery, which would not be enough to convict him were he charged with another evil worthy of Death, Numb. 35.30. if we may not take the Oath of a distracted Person, or of a possessed Person in a Case of Murder, Theft, Felony of any sort, then neither may we do it in the Case of Witchcraft.
2. Let me premise this also, that there have been ways of trying Witches long used in many Nations, especially in the dark times of Paganism and Popery, which the righteous God never approved of. But which (as judicious Mr. Perkins expresseth it in plain English ) were invented by the Devil, that so innocent Persons might be condemned, and some notorious Witches escape: Yea, many Superstitious and Magical experiments have been used to try Witches by: Of this sort is that of scratching the Witch, or seething the Urine of the Bewitched Person, or making a Witch-cake with that Urine: And that tryal of putting their Hands into scalding Water, to see if it will not hurt them: And that of sticking an Awl under the Seat of the suspected Party, yea, and that way of discovering Witches by tying their Hands and Feet, and casting them on the Water, to try whether they will sink or swim: I did publickly bear my Testimony against this Superstition in a Book printed at Boston eight Years past.
I hear that of late some in a Neighbour Colony have been playing with this Diabolical invention: It is to be lamented, that in such a Land of Uprightness as New-England once was, a Practice which Protestant Writers generally condemn as sinful, and which the more sober and learned Men amongst Papists themselves have not only judged unlawful, but (to express it in their own terms) to be no less than a Mortal Sin , should ever be heard of. Were it not that the coming of Christ to judge the Earth draweth near, I should think that such Practices are an unhappy Omen that the Devil and Pagans will get these dark Territories into their Possession again: But that I may not be thought to have no reason for my calling the impleaded Experiment into Question, I have these things further to alledge against it.
1. It has been rejected long agone, by Christian Nations as a thing Superstitious and Diabolical: In Italy and Spain it is wholly disused; and 74in the Low-Countries , and in France , where the Judges are Men of Learning. In some parts of Germany old Paganism Customs are observed more than in other Countries, nevertheless all the 75 Academies throughout Germany have disapproved of this way of Purgation.
2. The Devil is in it, all Superstition is from him; and when Secret things, or latent Crimes, are discovered by superstitious Practices, some Compact and Communion with the Devil is the Cause of it, as Austin 76has truly intimated; and so it is here; for if a Witch cannot be drowned, this must proceed either from some natural Cause, which it doth not, for it is against Nature for Humane Bodies, when Hands and Feet are tied, not to sink under the Water: Besides, they that plead for this Superstition, say that if Witches happen to be condemned for some other Crime and not for Witchcraft, they will not swim like a Cork above Water, which Cause sheweth that the Cause of this Natation is not Physical : And if not, then either it must proceed from a Divine Miracle to save a Witch from drowning; or lastly, it must be a diabolical Wonder: This superstitious Experiment is commonly known by the Name of, The Vulgar Probation , because it was never appointed by any lawful Authority, but from the Suggestion of the Devil taken up by the rude Rabble: And some 77learned Men are of Opinion, that the first Explorator ( being a white Witch ) did explicitely covenant with the Devil, that he should discover latent Crimes in this way: And that it is by Virtue of that first Contract that the Devil goeth to work to keep his Servants from sinking, when this Ceremony of his ordaining is used. Moreover, we know that Diabolus est Dei Simia , the Devil seeks to imitate Divine Miracles. We read in Ecclesiastical Story, that some of the Martyrs when they were by Persecutors ordered to be drowned, prov'd to be immersible: This Miracle would the Devil imitate in causing Witches, who are his Martyrs, not to sink when they are cast into the Waters.
3. This way of Purgation is of the same nature with the old Ordeals of the Pagans. If Men were accused with any Crime, to clear their innocency, they were to take an hot Iron into their Hands, or to suffer scalding Water to be poured down their Throats, and if they received no hurt thereby they were acquitted. This was the Devil's Invention, and many times (as the Devil would have it) they that submitted to these Tryals suffered no inconvenience. Nevertheless, it is astonishing to think what innocent Blood has been shed in the World by means of this Satanical device. Witches have often (as 78 Sprenger observes) desired that they might stand or fall by this Tryal by hot Iron, and sometimes come off well: Indeed, this Ordeal was used in other Cases, and not in Cases of Witchcraft only: And so was the Vulgar Probation by casting into the Water practiced upon Persons accused 79with other Crimes as well as that of Witchcraft: How it came to be restrained to that of Witchcraft I cannot tell; it is as supernatural for a Body whose Hands and Feet are tied to swim above the Water, as it is for their Hands not to feel a red hot Iron. If the one of these Ordeals is lawful to be used, then so is the other too: But as for the fiery Ordeal it is rejected and exploded out of the World; for the same reason then the tryal by Water should be so.
4. It is a tempting of God when Men put the Innocency of their Fellow-Creatures upon such tryals; to desire the Almighty to shew a Miracle to clear the Innocent, or to convict the Guilty is a most presumptuous tempting of him. Was it not a Miracle when Peter was kept from sinking under the Water by the Omnipotency of Christ? As for Satan, we know that his Ambition is to make his Servants believe that his Power is equal to God's, and that therefore he can preserve whom he pleaseth. I have read 80of certain Magicians, who were seen walking on the Water: If then guilty Persons shall float on the Waters, either it is the Devil that causes them to do so, (as no doubt it is) and what have Men to do to set the Devil on work; or else it is a Divine Miracle, like that of Peter's not sinking, or that of the Iron that swam at the Word of Elisha . And shall Men try whether God will work a Miracle to make a discovery? If a Crime cannot be found out but by Miracle, it is not for any Judge on Earth to usurp that Judgment which is reserved for the Divine Throne.
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