Charles Wentworth Upham - The True Story of Salem - Book 1-7

Quære , Whether if God would have us to proceed any further than bare Enquiry , upon what Reports there may come against any Man, from the World of Spirits , he will not by his Providence at the same time have brought into our hands, these more evident and sensible things, whereupon a man is to be esteemed a Criminal. But I will venture to say this further, that it will be safe to account the Names as well as the Lives of our Neighbors; two considerable things to be brought under a Judicial Process, until it be found by Humane Observations that the Peace of Mankind is thereby disturbed. We are Humane Creatures, and we are safe while we say, they must be Humane Witnesses, who also have in the particular Act of Seeing, or Hearing, which enables them to be Witnesses, had no more than Humane Assistances, that are to turn the Scale when Laws are to be executed. And upon this Head I will further add: A wise and a just Magistrate, may so far give way to a common Stream of Dissatisfaction, as to forbear acting up to the heighth of his own Perswasion, about what may be judged convictive of a Crime, whose Nature shall be so abstruse and obscure, as to raise much Disputation. Tho' he may not do what he should leave undone, yet he may leave undone something that else he could do, when the Publick Safety makes an Exigency .

I was going to make one Venture more; that is, to offer some safe Rules, for the finding out of the Witches, which are at this day our accursed Troublers: but this were a Venture too Presumptuous and Icarian for me to make; I leave that unto those Excellent and Judicious Persons, with whom I am not worthy to be numbred: All that I shall do, shall be to lay before my Readers, a brief Synopsis of what has been written on that Subject, by a Triumvirate of as Eminent Persons as have ever handled it. I will begin with,

Table of Contents

I. There are Presumptions , which do at least probably and conjecturally note one to be a Witch . These give occasion to Examine, yet they are no sufficient Causes of Conviction.

II. If any Man or Woman be notoriously defamed for a Witch , this yields a strong Suspition. Yet the Judge ought carefully to look, that the Report be made by Men of Honesty and Credit.

III. If a Fellow-Witch , or Magician , give Testimony of any Person to be a Witch ; this indeed is not sufficient for Condemnation; but it is a fit Presumption to cause a strait Examination.

IV. If after Cursing there follow Death, or at least some mischief: for Witches are wont to practise their mischievous Facts, by Cursing and Banning: This also is a sufficient matter of Examination, tho' not of Conviction.

V. If after Enmity, Quarrelling, or Threatning, a present mischief does follow; that also is a great Presumption.

VI. If the Party suspected be the Son or Daughter, the man-servant or maid-servant, the Familiar Friend, near Neighbor, or old Companion, of a known and convicted Witch; this may be likewise a Presumption; for Witchcraft is an Art that may be learned, and conveyed from man to man.

VII. Some add this for a Presumption: If the Party suspected be found to have the Devil's mark; for it is commonly thought, when the Devil makes his Covenant with them, he alwaies leaves his mark behind them, whereby he knows them for his own:—a mark whereof no evident Reason in Nature can be given.

VIII. Lastly, If the party examined be Unconstant, or contrary to himself, in his deliberate Answers, it argueth a Guilty Conscience, which stops the freedom of Utterance. And yet there are causes of Astonishment, which may befal the Good, as well as the Bad.

IX. But then there is a Conviction , discovering the Witch , which must proceed from just and sufficient proofs, and not from bare presumptions.

X. Scratching of the suspected party, and Recovery thereupon, with several other such weak Proofs; as also, the fleeting of the suspected Party, thrown upon the Water; these Proofs are so far from being sufficient, that some of them are, after a sort, practices of Witchcraft.

XI. The Testimony of some Wizzard, tho' offering to shew the Witches Face in a Glass: This, I grant, may be a good Presumption, to cause a strait Examination; but a sufficient Proof of Conviction it cannot be. If the Devil tell the Grand Jury, that the person in question is a Witch, and offers withal to confirm the same by Oath, should the Inquest receive his Oath or Accusation to condemn the man? Assuredly no. And yet, that is as much as the Testimony of another Wizzard, who only by the Devil's help reveals the Witch.

XII. If a man, being dangerously sick, and like to dye, upon Suspicion, will take it on his Death, that such a one hath bewitched him, it is an Allegation of the same nature, which may move the Judge to examine the Party, but it is of no moment for Conviction.

XIII. Among the sufficient means of Conviction, the first is, the free and voluntary Confession of the Crime, made by the party suspected and accused, after Examination. I say not, that a bare confession is sufficient, but a Confession after due Examination, taken upon pregnant presumptions. What needs now more witness or further Enquiry?

XIV. There is a second sufficient Conviction, by the Testimony of two Witnesses, of good and honest Report, avouching before the Magistrate, upon their own Knowledge, these two things: either that the party accused hath made a League with the Devil, or hath done some known practice of witchcraft. And, all Arguments that do necessarily prove either of these , being brought by two sufficient Witnesses, are of force fully to convince the party suspected.

XV. If it can be proved, that the party suspected hath called upon the Devil , or desired his Help, this is a pregnant proof of a League formerly made between them.

XVI. If it can be proved, that the party hath entertained a Familiar Spirit, and had Conference with it, in the likeness of some visible Creatures; here is Evidence of witchcraft.

XVII. If the witnesses affirm upon Oath, that the suspected person hath done any action or work which necessarily infers a Covenant made, as, that he hath used Enchantments, divined things before they come to pass, and that peremptorily, raised Tempests, caused the Form of a dead man to appear; it proveth sufficiently, that he or she is a Witch . This is the Substance of Mr. Perkins .

Take next the Sum of Mr. Gaules Judgment about the Detection of Witches. '1. Some Tokens for the Trial of Witches, are altogether unwarrantable. Such are the old Paganish Sign, the Witches Long Eyes ; the Tradition of Witches not weeping; the casting of the Witch into the Water, with Thumbs and Toes ty'd a-cross. And many more such Marks, which if they are to know a Witch by, certainly 'tis no other Witch, but the User of them. 2. There are some Tokens for the Trial of Witches, more probable, and yet not so certain as to afford Conviction. Such are strong and long Suspicion: Suspected Ancestors, some appearance of Fact, the Corps bleeding upon the Witches touch, the Testimony of the Party bewitched, the supposed Witches unusual Bodily marks, the Witches usual Cursing and Banning, the Witches lewd and naughty kind of Life. 3. Some Signs there are of a Witch, more certain and infallible. As, firstly , Declining of Judicature, or faultering, faulty, unconstant, and contrary Answers, upon judicial and deliberate examination. Secondly , When upon due Enquiry into a person's Faith and Manners, there are found all or most of the Causes which produce Witchcraft, namely, God forsaking, Satan invading, particular Sins disposing; and lastly, a compact compleating all. Thirdly , The Witches free Confession, together with full Evidence of the Fact. Confession without Fact may be a meer Delusion, and Fact without Confession may be a meer Accident. 4thly , The semblable Gestures and Actions of suspected Witches, with the comparable Expressions of Affections, which in all Witches have been observ'd and found very much alike. Fifthly , The Testimony of the Party bewitched, whether pining or dying, together with the joynt Oaths of sufficient persons, that have seen certain prodigious Pranks or Feats, wrought by the Party accused. 4. Among the most unhappy circumstances to convict a Witch, one is, a maligning and oppugning the Word, Work, and Worship of God, and by any extraordinary sign seeking to seduce any from it. See Deut. 13.1, 2. , Mat. 24.24. , Act. 13.8, 10. , 2 Tim. 3.8. Do but mark well the places, and for this very Property (of thus opposing and perverting) they are all there concluded arrant and absolute Witches. 5. It is not requisite, that so palpable Evidence of Conviction should here come in, as in other more sensible matters; 'tis enough, if there be but so much circumstantial Proof or Evidence, as the Substance, Matter, and Nature of such an abstruse Mystery of Iniquity will well admit. ( I suppose he means, that whereas in other Crimes we look for more direct proofs, in this there is a greater use of consequential ones. ) But I could heartily wish, that the Juries were empanell'd of the most eminent Physicians, Lawyers, and Divines that a Country could afford. In the mean time 'tis not to be called a Toleration, if Witches escape, where Conviction is wanting.' To this purpose our Gaule .