1578 Thanksgiving in The Americas - Newfoundland

Sir Martin Frobisher, English mariner, privateer, explorer (born c 1535-1594)

In 1578, English explorer Martin Frobisher landed in what is now Newfoundland & Labrador, Canada, as part of his quest to locate the fabled Northwest Passage. Before the Europeans arrive, First Nations across Turtle Island had traditions of thanksgiving for surviving winter & for receiving crops & game as a reward for their hard work. These traditions appear to include feasting, prayer, dance, potlatch, & other ceremonies, depending on the native peoples giving thanks.

In response to his safe travels to the Great White North, over 4 decades before the Plymouth Colony celebration, Frobisher & his men held a service of thanks. "Frobisher, an English explorer in the uncharted northern territories, organized the 1st religious Thanksgiving for his crew & early Canadian settlers as a way to take stock of all they had accomplished in a short time." 

During his 1578 voyage to Baffin Island to set up a new English colony, Frobisher's ships were scattered. At Frobisher Bay, the explorer was happily reunited with his fleet, & all who had survived the storms honored their reunion with a day of thanks.

Martin Frobisher, mariner, explorer, 3 three voyages from England to the “New World” in search of a passage to Asia. He failed, but he was the 1st European to discover the bay that is named for him & returned with tons of dirt that he thought contained gold. Each expedition was bigger than the preceding one & on his 3rd, in 1578, he commanded a flotilla of 15 ships & more than 400 men. They set sail on 31 May for Baffin Island, where they intended to establish a gold mining operation & the 1st English colony in North America. On 1 July, they sighted Resolution Island, but they were driven by storms across the entrance to Hudson Strait. The fleet was dispersed & one ship, which carried their prefabricated barracks, was sunk by ice. Another ship deserted the flotilla & sailed back to England. 

The remaining ships assembled at the Countess of Warwick’s Island, which is known today as Kodlunarn Island, a tiny speck of land in Frobisher Bay. They established 2 mines on the island & set up shops to test the ore from other mines. The mine sites & the ruins of a stone house are still clearly visible.  

Vicious storms blew the fleet around Hudson Strait for most of July & when they finally assembled at their anchorage in Frobisher Bay, they celebrated Communion & formally expressed their thanks through the ship’s Chaplain, Robert Wolfall, who “made unto them a godly sermon, exhorting them especially to be thankefull to God for theyr strange & miraculous deliverance in those so dangerous places” (Richard Collinson, The Three Voyages of Martin Frobisher: In Search of a Passage to Cathaia & India by the North-West, Cambridge University Press, 2010).

Frobisher sailed for Elizabeth I, whose reign was marked by public acts of giving thanks. Elizabeth expressed her gratitude for having lived to ascend the throne, for delivery from the Spanish Armada and, in her last speech to Parliament, for her subjects.  

The 1st known use of the word “Thanksgiving” in English text was in a translation of the bible in 1533, which was intended as an act of giving thanks to God. The tradition of gratitude was continued each fall as people gave thanks for the harvest that would see them through the winter.

Forty-eight years later on November 14, 1606, inhabitants of New France under Samuel de Champlain held huge feasts of thanksgiving between local Mi’kmaq & the French. Though not known at the time by the settlers, cranberries, rich in vitamin C, are credited with helping avoid scurvy. The neighbouring Mi’kmaq likely introduced the French to cranberries, or as they called them, petites pommes rouges (little red apples).

Champlain’s feasts were more than an annual affair. To prevent the scurvy epidemic that had decimated the settlement at Île Sainte-Croix in past winters, the Ordre de Bon Temps (Order of Good Cheer) was founded, offering festive meals every few weeks. Medical treatises recommended better nutrition (more food) & entertainment to combat scurvy.

However, despite this history of uniquely Canadian thanksgivings, modern concepts of Thanksgiving were influenced by the American neighbors to the South. Foods that are associated with a “traditional” Thanksgiving, such as North American turkey, squash, & pumpkin, were introduced to citizens of Halifax in the 1750s by the United Empire Loyalists, who continued to spread this “traditional” fare to other parts of the country.

See

Bicheno, Hugh. Elizabeth's Sea Dogs. Conway, 2014.

Brigden, Susan. The Penguin History of Britain. Penguin, 2001.

Courtauld, Augustine. From the Ends of the Earth: An Anthology of Polar Writings. Oxford University Press, 1958

Elton, G.R. England Under the Tudors. Routledge, 2018.

Ferriby, David. The Tudors. Hodder Education, 2015.

Guy, John. Tudor England. Oxford University Press, 1988.

Wagner, John A. Historical Dictionary of the Elizabethan World. Greenwood, 1999.

Williams, Neville. The sea dogs. Weidenfeld and Nicolson, 1975.

1565 Spanish Thanksgiving in St Augustine

Bry Theodor De Bry (528-1598), The Natives of Florida Worshiping the Column Erected by the Commander on his First Voyage 1564

There are actually several events claiming to be the 1st Thanksgiving in colonial Spanish & English America. One of  the earliest, colonial Thanksgiving took place on September 8, 1565.  The English arrived later than the Hispanics, as the Anglo-Saxon settlers founded Jamestown in 1607 and Plymouth in 1620, and by these years it is claimed that more than 400,000 Spaniards were already living in America. When the pilgrims arrived in Massachusetts, the America to which they arrived had been considered for more than a century as part of the Crown of Castile.

An explorer, Pedro Menéndez de Avilé, along with 800 Spanish settlers celebrated a Mass of Thanksgiving to commemorate the successful sea voyage & founding of the town of St. Augustine, which would go on to be the 1st & longest-lasting port within the present-day United States. St. Augustine is the oldest continuously inhabited European-established settlement on  the Atlantic Coast of the United States.  

Occurring as it did so soon after trans-Atlantic landfall, this was a maritime Thanksgiving, with sailor's fare making up the bulk of the feast, probably along with local native food, which would likely have included oysters & fish. 

It is said he invited members of the Timucua tribe to dine along with them. The local St. Augustine Timucua were known by the Spanish as the "Agua Salada," or Salt Water, Timucua, a testament to the maritime culture that existed in St. Augustine prior to European colonization. 

This 1st Spanish Thanksgiving took place 55 years before the Pilgrims landed.  Following the sacrifice of the Holy Mass, Menindez ordered a communal meal to be shared by the Spaniards & the Indians who originally occupied the landing site.

Pedro Menéndez de Avilés (1519-1574) was a Spanish admiral, explorer & conquistador from Avilés, in Asturias, Spain. He is notable for planning the 1st regular trans-oceanic convoys, which became known as the Spanish treasure fleet, & for founding St. Augustine, Florida, c 1565.

Egypt - Ancient Thanksgiving Celebrations - Harvest Festivals

The origins of Thanksgiving celebrations stem from the Harvest Festivals existing thousands of years before European colonists sailed for the Americas. Harvest festivals flourished, when hunger was a constant threat, & many societies often felt at the mercy of the gods. The Neolithic Agricultural Revolution resulted in the wide-scale transition of many human cultures & communities beginning 10-12,000 years ago as "hunter gatherers" began to settle down & farm. Their more permanent communities permitted humans to experiment with plants. Once early farmers invented agricultural techniques like irrigation, crops could yield surpluses that often needed storage. 

Most who earlier peoples who had foraged for their food could not easily store food for long due to their migratory lifestyle, whereas those with sedentary dwellings & fields carved in the landscape could grow & store their surplus grain. With this more reliable supply of food, populations could expanded & began to develop specialized workers & more advanced tools. This evolving knowledge led to the domestication of both plants & animals. 

A successful harvest was vital for the healthy stability of a community. Prior to the establishment of formal religions, some believed that their crops were controlled by gods or contained spirits. Harvest celebrations often marked the end of summer & were a time of feasting & paying tribute to gods for bounty, prosperity, & good health. These harvest festivals were common around the globe in one form or another for millennia. Some harvest festivals, more commercial than sacred, continue today.

Egypt's Harvest Festival of Min - The Feast of Dais

In Egypt, Min was a central god of reproduction & vegetation, & the Feast of the Dais was held in his honor.  Min was the Egyptian god of fertility, rain, the desert, & travelers. He was also considered a god of regeneration which is believed to symbolize the forceful renewal of the sovereignty of the Egyptian pharaoh. Min was honored in the coronation rites of new pharaohs to ensure their production of a male heir. Min was depicted as a human male with one arm, one leg & a prominent penis. He carried a flail & wore the Double Plumed Crown. 

The harvest festival to Min was an important celebration attended by the reigning pharaoh & the royal court. The pharaoh sitting on a canopied litter, his court, soldiers, standard bearers, fan bearers, dancers, musicians would form a great procession to his temple. The priests of Min also formed a large contingent in the procession, burning incense & carrying shrines & images of the pharaoh & his ancestors.  Elaborate floats formed part of the procession. At the front pf the procession was a white bull, the symbol of Min, that had a sun-disk fastened between his horns representing Min himself. 

During the Feast of the Dais, Min received the 1st wheat of the harvest cut by the pharaoh himself.  Pharaoh cut the first sheaf with a sickle & put it in front of the statue of God.  Min's holiday was celebrated at the beginning of the farming season, when Pharaoh hoeing a field with a hoe & poured water under the personal supervision of the god Min. When Pharaoh came to reign, he was also considered the heir of Min. During the festivals dedicated to Min, men participated in contests, games dedicated to God, such as climbing a high pole, probably from a tent.  Bouquets of flowers & the lettuce were also offered to Min. The relief above, from the funerary temple of Ramses III  at Medinet Habu, shows the harvest festival of Min featuring a statue of Min, which formed a major part of the procession, behind the carnival float of Min.  

The above relief of the procession float of Min depicts it followed by 2 priests. The priests carry sacred lettuce plants, the symbol of Min & similar in shape to Romaine lettuce. The pointed lettuce plants are stylized & frequently appear in many images depicting Min. The wild prickly lettuce Lactuca virosa was domesticated & this version of the lettuce was Lactuca sativa which was said to have both aphrodisiac & opiate qualities.

The cult of Min lasted for 3000 years & following the Roman conquest of Egypt even the Roman Emperor Augustus was depicted offering lettuces to Min god in the temple of Kalabsha, aka the Temple of Mandulis, that was located approximately 50 km south of Aswan.

1671 Halloween & Roe v Wade Reversal - Matthew Hale on Abortion, Rape, Witches, & All Women in General

U.S. Supreme Court Justice Samuel Alito wrote the majority opinion detailing his reasons for overturning Roe v. Wade. In both his alleged draft opinion* & his final opinion for this case, Alito leaned liberally on the views of Sir Matthew Hale (1609-1676), a 17C English jurist who was adamant that it was legal that a married woman could be raped by her husband; & wrote an instruction to jurors to be skeptical of reports of rape. Hale´s views on rape, marriage & abortion have had a long legacy not only in Britain’s legal system, but also in those of the British Colonies. Hale also believe in female witches, & presided over the trials & executions of 3 women accused as witches in England.

Hale became Lord Chief Justice of England in 1671. Hale wrote a 2-volume legal treatise, “The History of the Pleas of the Crown,” that has influenced court proceedings ever since. Hale wrote that if a physician gave a woman with child a potion to cause an abortion, it was “murder.” 

Hale also believed there was no such thing as marital rape, “for the husband cannot be guilty of a rape committed by himself upon his lawful wife for by their mutual matrimonial consent & contract the wife hath given up herself in this kind unto her husband which she cannot retract.”

Hale described the abortion of a dead child (who died in the womb) as a "great crime." Hale believed an abortion could qualify as homicide. Hale wrote that if a doctor gave a woman "with child" a "potion" to cause an abortion, & the woman died, it was "murder" because the potion was given "unlawfully to destroy her child within her," Judge Alito declared in his draft opinion.

Hale’s pronouncements became the accepted common law & served as foundation in the British American colonies for immunizing a husband accused of raping his wife. Law review articles have questioned Hale's pronouncements. “Hale appears to have been the first to articulate what later would become an accepted legal principle, that a husband cannot be charged with raping his wife,” according to a footnote in one law review article. Another law review article, titled “The Marital Rape Exemption: Evolution to Extinction,” called Hale’s pronouncement “an unsupported, extrajudicial statement...” 

Like the marital rape exemption, the so-called Hale Warning to jurors caused centuries of misfortune in the American courts. In his 1680 “Pleas of the Crown,” (which was published by the House of Commons in 1736) Hale called rape a “most detestable crime...It must be remembered, that it is an accusation easy to be made & hard to be proved, & harder to be defended by the party accused, tho never so innocent.”

Hale declared that in weighing the evidence in cases of alleged rape, jurors  needed to consider "Did the woman cry out? Did she try to flee? Was she of “good fame” or “evil fame”? Was she supported by others? Did she make immediate complaint afterward?"

In 1793, in New York City, an aristocrat, Henry Bedlow, was accused of raping a 17-year-old seamstress, Lanah Sawyer. Bedlow hired six lawyers, who used Hale’s framework to destroy Sawyer. Sawyer said she screamed. But, one attorney asked the jury, did she also stamp her feet? He continued,  “she may have had the art to carry a fair outside, while all was foul within.” The jury took 15 minutes to acquit the accused.

The written record of Hale’s trial in Bury St. Edmunds, served as a model in Salem, Massachusetts, in the infamous witch trials in 1692.  His beliefs guided elimination of justice for females in America's witch trials. In 1662, Hale had presided at a jury trial in Bury St. Edmunds in which 2 women, Amy Denny & Rose Cullender, were accused of being witches. Hale instructed the jurors that witches were real. 

At their trial, Hale declared: “That there were such creatures as witches he had no doubt at all; for first, the scriptures had affirmed so much. Secondly, the wisdom of all nations had provided laws against such persons, which is an argument of their confidence of such a crime.” Found guilty, Hale sentenced both women to hang. Four years earlier, Hale had also sentenced to death another woman convicted of being a witch.

The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the 1692 Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

It is probable that English Jurist Matthew Hale (1609-1676) read Malleus Maleficarum 1486 (translated by Montague Summers 1928 - see Google Books) Written in Latin & first submitted to the University of Cologne on May 9th, 1487, the title is translated as "The Hammer of Witches." Written in 1486 by Austrian priest Heinrich Kramer (also Kraemer) & German priest Jakob (also James) Sprenger, at the request of Pope Innocent VIII. 

As the main justification for persecution of witches, the authors relied on a brief passage in the Bible (the book of Exodus, chapter 22, verse 18), which states: "Thou shalt not suffer a witch to live." The Malleus remained in use for 300 years. It had tremendous influence in the witch trials in England & her North American colonies, & on the European continent. 

The Malleus was used as a judicial case-book for the detection & persecution of witches, specifying rules of evidence & the canonical procedures by which suspected witches were tortured & put to death. 

Thousands of people (primarily women) were judicially murdered as a result of the procedures described in the book because of having a strange birthmark, living alone, mental illness, cultivating medicinal herbs, or simply because they were falsely accused (often for financial gain by the accuser). The Malleus serves as a chilling warning of what happens when intolerance & violence take over a society.

Hale's General Thoughts on Women

Later in life, Hale wrote a long letter to & about his grandchildren, dispensing life advice, in which he described women as “chargeable unprofitable people” who “know the ready way to consume an estate, & to ruin a family quickly.” (See: Hale’s “Letter of Advice.” Google Books)

Hale's views of women are recorded in the book-length Letter of Advice to His Grandchildren : Matthew, Gabriel, Anne, Mary & Frances Hale. Of his granddaughter Mary, he wrote, possessed great wit & spirit, & “if she can temper the latter, will make an excellent woman, & a great housewife; but if she cannot govern the greatness of her spirit, it will make her proud, imperious, & revengeful.” Of granddaughter Frances, Hale wrote that she possessed great confidence: “If she be kept in some awe, especially in relation to lying & deceiving, she will make a good woman & a good housewife.” Of granddaughter Anne, Hale said she had a “soft nature.” “She must not see plays, read comedies, or love books or romances, nor hear nor learn ballads or idle songs, especially such as are wanton or concerning love-matters, for they will make too deep an impression upon her mind.”

After holding the office of Chief Baron for 11 years he was raised to the higher dignity of Lord Chief Justice of England, which he held until February 1676, when his failing health compelled him to resign. He retired to his native Alderley, where he died on the 25th of December of the same year. He was twice married & outlived 8 of his 10 children.

See:

Barton, J. L. (1992). "The Story of Marital Rape". Law Quarterly Review. Sweet & Maxwell. 108 (April): 260–271.

Brown, David C. (1993). "The Forfeitures at Salem, 1692". William and Mary Quarterly. Omohundro Institute of Early American History and Culture. 50 (1): 85–111. 

Geis, G. (1978). "Lord Hale, Witches, and Rape." British Journal of Law and Society. Wiley-Blackwell. 

Hasday, Jill Elaine (2000). "Contest and Consent: A Legal History of Marital Rape". California Law Review. UC Berkeley School of Law. 88 (5): 1373–1505.

Ryan, Rebecca M. (1995). "The Sex Right: A Legal History of the Marital Rape Exemption". Law & Social Inquiry. Blackwell Publishing. 20 (4): 941–1001. 

Halloween's Female Witches & Roe v Wade cited by Justice Samuel Alito & Roe v Wade

Who was Matthew Hale, the 17C jurist Alito invokes in his draft overturning Roe?

By Deanna Pan Globe Staff, May 6, 2022.

In his leaked draft opinion overturning Roe v. Wade, Supreme Court Justice Samuel Alito leans heavily on the scholarship of 17th-century English judge Sir Matthew Hale to underpin his argument that prohibiting abortion has a long “unbroken tradition” in the law.

Not only have many legal scholars disputed Alito’s reading of history, they’ve also criticized his reliance on Hale because of what the jurist’s writings reveal about his attitudes toward women. Hale is notorious in the law for laying the legal foundation clearing husbands from criminal liability for raping their wives, and for sentencing two women accused of witchcraft to death, a case that served as a model for the infamous Salem witch trials 30 years later.

Alito’s invocation of Hale has stunned some lawyers and historians, who say Hale’s discredited ideas have been used for centuries to subjugate women.

“There are many themes running through America’s legal traditions that have deep injustices embedded within them,” said Jill Hasday, a constitutional and family law professor at the University of Minnesota Law School, about Alito’s reliance on Hale. “We have to decide how we’re bound by the past. And nothing is forcing us to carry the consequences of women’s legal subordination forward in time.”

Lauren MacIvor Thompson, a historian at Kennesaw State University in Georgia, said she was shocked Alito referenced Hale in his draft opinion. Even among his contemporaries, she said, Hale “was particularly misogynistic.” “For a Supreme Court justice to be doing that in 2022 is really astonishing,” she said.

In his 98-page draft, Alito approvingly refers to Hale as one of the “eminent common-law authorities,” and cites him more than a dozen times in his argument challenging the historical narrative of abortion laws in the United States.

“The right to an abortion is not deeply rooted in the Nation’s history and traditions,” Alito argues in the draft opinion. “On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of common law until 1973.”

Alito notes that Hale described the abortion of a “quick child” as a “great crime.” (”Quick” refers to “quickening,” which, in English common law, occurs when a mother can detect fetal movement, typically between four and six months of pregnancy.)

Many historians disagree with Alito’s argument. In an amicus brief submitted in the Mississippi abortion-rights case before the justices, the American Historical Association and the Organization of American Historians counter that up until the Civil War, most states barred abortion only in the later stages of pregnancy, and that abortions before fetal “quickening” were legal.

Alito does not mention Hale’s other writing on women, such as his views on rape. In his treatise, “History of the Pleas of the Crown,” published posthumously in 1736, which Alito cites throughout his draft opinion, Hale famously argued that marital rape is exempt from criminal prosecution. Once a woman consents to marry, Hale argues, “the wife hath given up herself in this kind unto her husband, which she cannot retract.”

Hale’s defense of marital rape remained the legal standard in the United States until the 1970s, when Nebraska became the first state to outlaw it. Although spousal rape is illegal in every state, several states still have statutory exemptions for spouses, depending on a variety of factors, including the age of the victim or the victim’s capacity to consent, according to AEquitas, a nonprofit focused on the prosecution of gender-based violence.

Hale’s legacy also includes his deep skepticism of rape accusations. Although he called rape a “most detestable crime” that ought “to be punished with death,” Hale believed that rape is “an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent.”

“One of the things Hale helped embed in the law is this intense suspicion of women,” Hasday said. “This premise that women who claim to be raped are liars, and the idea that proving rape should be extraordinarily difficult because you just can’t rely on women.”

Hasday said Hale’s suspicion of women extends to his handling of witchcraft cases. In Bury St. Edmunds in 1662, Hale presided over one of England’s most notorious witchcraft trials, which resulted in the hanging of two older widows, Amy Denny and Rose Cullender, accused of bewitching their neighbors.

The proceedings were remarkably similar to the witchcraft trials in Salem, according to Cornell University historian Mary Beth Norton. The complainants in Hale’s case were young girls who “screeched and screamed in the courtroom so much that they could not testify,” Norton said, and their relatives testified in the girls’ place. Hale admitted the witness testimony, including claims that the accused had appeared before the afflicted children in visions, as “spectral evidence.”

Thirty years later, judges in Salem consulted an account of the trial, “A Tryal of Witches at the Assizes,” Norton said, and used Hale’s permitting of spectral evidence to justify their own proceedings.

Hale’s work “was an important backing for the legitimacy of the trials in 1692,” Norton said. “That is, this opinion of Sir Matthew Hale that you could accept these statements by these young girls who were screaming and crying and having fits in the courtroom as legitimate evidence.”

Hale’s writings about women were not limited to his legal scholarship. In a 206-page letter of advice to his grandchildren, Hale laments that young English gentlewomen “learn to be bold [and] talk loud.” These young women, he charged, “know the ready way ... to ruin a family quickly.”

“They are a sort of chargeable unprofitable people,” Hale concludes, before imploring his granddaughters to learn “good housewifery” for the sake of their families and husbands. “A good wife is a portion of herself; but an idle or expensive wife is most times an ill bargain.”

1664 Halloween's Female Witches, a Deadly Myth promoted byJurist Matthew Hale (1609-1676)

An engraving of a portrait of Sir Matthew Hale (1609-1676) by Thomas Phillibrown, likely mid-C (no date recorded). [Library of Congress, Prints & Photographs Division]

The Female Witch Myth advocated by English Jurist Matthew Hale 

Hale's writings & court rulings on women were far-reaching & long-lasting. In 1662, he was involved in one of the most notorious of the 17C English witchcraft trials, where he sentenced 2 women to death for witchcraft. The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist. 

The Female Witch Myth was strengthened by English Jurist Matthew Hale (1609-1676), whose writings & court rulings on women were/are far-reaching & long-lasting. In 1662, he was involved in one of the most notorious of the 17C English witchcraft trials, where he sentenced 2 women to death for being witches. The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the 1692 Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

It is probable that English Jurist Matthew Hale (1609-1676) read Malleus Maleficarum 1486 (translated by Montague Summers 1928 - see Google Books) Written in Latin & first submitted to the University of Cologne on May 9th, 1487, the title is translated as "The Hammer of Witches." Written in 1486 by Austrian priest Heinrich Kramer (also Kraemer) & German priest Jakob (also James) Sprenger, at the request of Pope Innocent VIII. As the main justification for persecution of witches, the authors relied on a brief passage in the Bible (the book of Exodus, chapter 22, verse 18), which states: "Thou shalt not suffer a witch to live." The Malleus remained in use for 300 years. It had tremendous influence in the witch trials in England & her North American colonies, & on the European continent. 

The Malleus was used as a judicial case-book for the detection & persecution of witches, specifying rules of evidence & the canonical procedures by which suspected witches were tortured & put to death. Thousands of people (primarily women) were judicially murdered as a result of the procedures described in the book because of having a strange birthmark, living alone, mental illness, cultivating medicinal herbs, or simply because they were falsely accused (often for financial gain by the accuser). The Malleus serves as a chilling warning of what happens when intolerance takes over a society.

Sir Matthew Hale & Evidence of Witchcraft

 in Custodia Legis Blog by Law Librarians of Congress. October 30, 2021 by Nathan Dorn

...Spectral evidence was testimony in which witnesses claimed that the accused appeared to them & did them harm in a dream or a vision. The Court of Oyez & Terminer that presided over the Salem witch trials permitted this form of evidence to be presented in support of accusations of witchcraft. According to Reverend John Hale, (Note: John Hale (1636-1700) was a Puritan pastor of Beverly, Massachusetts, who took part in the Salem witch trials in 1692) who witnessed those proceedings, the court based its decision to use spectral evidence on the opinion of Matthew Hale, one of the leading legal authorities in England. In this post, I take a look at the case that the Salem judges relied on & the record of the instructions Matthew Hale gave in that trial.

The trial was one of 2 well-known witch trials ending in conviction that took place in Bury St. Edmunds, England, in the mid-17C. The earlier trial, which was instigated by Matthew Hopkins, sometimes called the Witchfinder General, resulted in the execution of 18 people on a single day, August 27, 1645...The case that Matthew Hale presided over took place some 17 years later from March 10-13, 1662, & it dealt with charges of witchcraft against 2 women from Lowestoft, a town in Suffolk some 50 miles from Bury St. Edmunds. Their names were Amy Duney & Rose Cullender. Neighbors leveled a number of accusations against these 2 women; chief among them, that they had bewitched their children, & that these enchantments led to the death of a child in one case.

Title page of “A Tryal of Witches at the Assizes held at Bury St. Edmunds in 1682.” an anonymous pamphlet giving an account of the Bury St. Edmunds Witchcraft Trial. The title page gives the incorrect year of the trial as 1664. The correct year, 1662, is mentioned in original records of the indictments. 

The trial is recorded in an anonymous pamphlet published in 1682. (It can be found online here.) In a brief foreward, the author explains that he chose to make the story public so that people could see the awkward situation it created: on the one hand, many people at the time of the pamphlet’s writing doubted that witchcraft was real, & implicitly that it should form the basis of any criminal charge; on the other hand, several highly influential men were involved in this trial – namely Hale, who was the Chief Baron of the Exchequer at the time of the trial; the medical doctor & philosopher Thomas Browne (Note: Sir Thomas Browne (1605-1682) was an English polymath & author of varied works in diverse fields including science, medicine, & religion.); & Sir John Kelyng (Note: John Kelynge KS (or Kelyng) (1607–1671) was an English judge & politician who sat in the House of Commons from 1661 to 1663.), who became Chief Justice of the King’s Bench only 3 years after the trial. 

Was the trial an embarrassment? Or on the contrary does the weight of tradition force conclusions such as the ones Hale arrived at in that courtroom? Or both?

In the pamphlet’s record of his instructions, Hale explained crisply that the jury must consider only “first, whether or no these children were bewitched, [&] secondly, whether the prisoners at bar were guilty of it.” He stated that the question of whether witchcraft is real was not under discussion, since its existence was recognized in the Bible, & Parliament had already recognized its reality in several criminal statutes. He pointed out that, “the wisdom of all nations had provided laws against such persons [witches], which is an argument of their confidence of such a crime.” (A Tryal of Witches, p. 55)

The crime of witchcraft was certainly spelled out in a number of statutes, but it was no simple matter to decide how to prove that a given ill effect was caused by a particular person’s specific act of witchcraft. The nature of witchcraft allegedly depended on occult forces, both invisible & untraceable by direct evidence. What sort of evidence could then support a conviction? (Gaskill, p. 40) 

The pamphlet does not directly record Hale’s answer to this question. Indirectly, one can see the kind of evidence that he admitted: testimony by the parents of the injured children stating that they came into verbal conflict with the accused & that the accused made statements threatening the health of their children & in one case the life of a child; testimony by the parents stating that they witnessed paranormal events that they could connect to the accused; testimony by the parents regarding the children’s abnormal psychic & physical states following verbal altercations with the accused; & physical evidence of pins & nails allegedly vomited by the children. The court also permitted the parents to recount that the children had visions of the accused entering their homes & standing menacingly at the foot or head of their beds.

The children were permitted to speak & to give testimony at the trial. One of the afflicted, an 18-year-old girl, reported having visions of Rose Cullender, who appeared to her in her home – one time trying to lure her out of the house, another time at the foot of her bed, & another time appearing with a large dog. In addition to these visions, she suffered violent fits, that included temporary blindness & vomiting metal pins. This young woman came to court with the intention to testify, but briefly “fell into her fits” & was removed from the court until she could regain her self-possession. When she returned & was sworn in, she appeared entranced again & “shrieking out in a miserable manner” only repeated, “burn her, burn her, burn her.” Hale advised the jury at the end of the trial to allow the evidence to stand as presented. (A Tryal of Witches, p. 55)

Another unusual piece of evidence came in the form of an experiment performed with one of the afflicted children in the courtroom. Some of the children were not able to speak & appeared to be in a trance-like state, one feature of which was that they clenched their fists tightly. The record states that men in their presence attempted to open their fists & that they were unable to, so strongly were they closed. But at the request of the court, Rose Cullender approached & touched one of the children. This made the child open her fist. A man in the court raised a skeptical question about this procedure, so the experiment was repeated. This time, they covered the child’s face with an apron so that she could not see who touched her. Meantime, several people touched her. Nevertheless, she only opened her fist when Rose Cullender touched her. This did not convince the skeptic. (A Tryal of Witches, pp. 42-45) But according to the record, it stood as evidence without special instructions from Hale.

Thomas Browne made a statement in which he acknowledged the reality of witchcraft, & proposed that the devil has the ability to influence the humors of the body to produce physical illness & that he does so at the behest of witches. (A Tryal of Witches, pp. 41-42)

John Kelyng made a statement in which he acknowledged that the children were bewitched, but he objected that the evidence from the children’s imagination was insufficient for a conviction. He argued that if it were accepted, “no person whatsoever can be in safety, for perhaps they might fancy another person who might altogether be innocent in such matters.” (A Tryal of Witches, p. 40)

Rose Cullender & Amy Duney maintained their innocence throughout the trial & after their conviction. They died on March 17, 1662, by hanging...

Secondary Sources:

Darr, Orna Alyagon. “Experiments in the Courtroom: Social Dynamics & Spectacles of Proof in Early Modern English Witch Trials.” Law & Social Inquiry, Vol. 39, No. 1 (Winter 2014), pp. 152-175.

Gaskill, Malcolm. “Witchcraft & Evidence in Early Modern England.” Past & Present, No. 198 (Feb. 2008), pp. 33-70.

Geis, Gilbert. “Lord Hale, Witches, & Rape.” British Journal of Law & Society, Vol. 5, No. 1 (Summer 1978), pp. 26-44.

Geis, Gilbert. A trial of witches: a seventeenth-century witchcraft prosecution. London ; New York : Routledge, 1997.

Holmes, Clive. “Women: Witnesses & Witches.” Past & Present, No. 140 (Aug. 1993), pp. 45-78.

Halloween's Female Witches - Making a Fine Living in 1647 England by Identifying & Torturing Female Witches

Frontispiece from Matthew Hopkins' (c. 1620-1647) The Discovery of Witches (1647), showing witches identifying their familiar spirits

Folks in 17C England & her British American colonies often dealt with hardships by looking for a scapegoat to blame, much as we do today. Witchcraft was a convenient superstition to latch onto during this period. Witchcraft had been illegal since 1563, & hundreds of people, mostly women, were wrongly accused. 'Proof' of being a witch could be a third nipple, an unusual scar or birthmark, a boil, a growth, or even owning a pet (a 'witch's familiar', or potential embodiment of an evil spirit). Witch-finder Matthew Hopkins employed Mary Goody Phillips who specialized in finding "witch marks" on the bodies of accused females.Confessions were often made under torture or duress. After a trial, victims were often hanged.

Professionals who exposed witches could make a lot of money, as local magistrates paid the witch finder the equivalent of a month's wages. And the busiest tradesman of all was Matthew Hopkins, a shadowy figure who called himself 'Witchfinder General' & had scores of women executed in East Anglia during the turmoil of the English Civil War in 1645 & 1646.John Stearne (c. 1610–1670) was another associate of Matthew Hopkins. Stearne was known at various times as the witch–hunter and "witch pricker." A family man & land owner from Lawshall near Bury St Edmunds, Stearne was 10 years older than Hopkins. Within a year of the death of Matthew Hopkins, John Stearne retired to his farm & wrote A Confirmation and Discovery of Witchcraft.

During the year following the publication of Hopkins' book, trials & executions for witchcraft began in the New England colonies with the hanging of Alse Young of Windsor, Connecticut on May 26, 1647, followed by the conviction of Margaret Jones. As described in the journal of Governor John Winthrop, the evidence assembled against Margaret Jones was gathered by the use of Hopkins' techniques of "searching" & "watching". Jones' execution was the first sustained witch-hunt which lasted in New England from 1648 until 1663. About 80 people throughout New England were accused of practicing witchcraft during that period, of whom 15 women & 2 men were executed. Some of Hopkins' methods were once again employed during the Salem Witch Trials, which occurred primarily in Salem, Massachusetts in 1692–93.

Although torture was unlawful in England, Hopkins was said to have used a variety of torture techniques to extract confessions from his victims. His favorite was sleep deprivation. Although Hopkins claimed to never use the swimming test, some argued that witches floated, because they had renounced their water baptism when entering the Devil's service. James VI of Scotland (later James I of England) 1566-1625 claimed in his Daemonologie, that water was so pure an element that it repelled the guilty. Suspects were thrown into water, & those who floated were considered to be witches. Or the alleged witch might also be bound at the hands & feet & thrown into a body of water. If the body floated to the surface, that was proof, that the accused was indeed a witch (at which point they might execute her by some other means). If she sank to the bottom & inevitably drowned – she was innocent but also dead.

For a fascinating update on the truths, lies, and exaggerations containted in books written by these two witch finders in the mid 17C see The Discovery of Witches and Witchcraft: The Writings of the Witchfinders by Matthew Hopkins, John Stearne. Edited with an introduction and notes by S.F. Davies (Sept 2007) Published: Brighton: Pucknel Publishing. A critical, scholarly reprint of the writings of the Witch Finder General and his accomplice.S. F. Davies researches witchcraft writing at the University of Sussex. He also has edited Puritan preacher George Gifford's (1548-1600) Dialogue concerning witches and witchcrafts(2007).

Also see
"The Reception of Reginald Scot’s Discovery of Witchcraft: Witchcraft, Magic, and Radical Religion" by S.F. Davies
Journal of the History of Ideas, Volume 74, Number 3, July 2013, pp. 381-40 This article considers the reception of Reginald Scot’s (1538-1599) skeptical Discouerie of Witchcraft (1584). As well as the surprisingly mixed reception of the 1st edition, this article examines the publication of the 2nd edition. The latter appeared in 1651, long after Scot’s death; the possible reasons for its publication have never been examined. Not only interest in witchcraft but other kinds of magic and even religious radicalism may have been involved.

Woodcuts dealing with water, witches, and "scolds."

The always surprising Alice Morse Earle found a 1st-hand account of the Dunking Stool in her 1896  Curious Punishments of Bygone Days. Francois Maximilian Misson, a French traveler and writer, recorded the method used in England in the early 18th century: The way of punishing scolding women is pleasant enough. They fasten an armchair to the end of two beams twelve or fifteen feet long, and parallel to each other, so that these two pieces of wood with their two ends embrace the chair, which hangs between them by a sort of axle, by which means it plays freely, and always remains in the natural horizontal position in which a chair should be, that a person may sit conveniently in it, whether you raise it or let it down. They set up a post on the bank of a pond or river, and over this post they lay, almost in equilibrio, the two pieces of wood, at one end of which the chair hangs just over the water. They place the woman in this chair and so plunge her into the water as often as the sentence directs, in order to cool her immoderate heat.

Female Witches - Puritan Laws - 1692 Salem's Anti-Woman Witch Hunt

Woodcut of Witches Gathering

During 1692, formal charges of witchcraft were brought against 156 people & most were women. On both sides of the Atlantic, witchcraft was perceived as a primarily female phenomenon & over ¾ of the accused were women.  In Puritan New England by 1692, Christian society, politics, & theology was ripe for a bout of persecution of witches & witchcraft, which some claim was an attempt to suppress women & feminine influences. 

Puritans did not believe that women were by nature more evil than men, but they did see them as weaker & thus more susceptible to sinful impulses. Ministers regularly reminded New England congregations, that it was Eve who first gave way to Satan & then seduced Adam, when she should have continued to serve his moral welfare in obedience to God.  Some women were much more likely than others to be suspected of witchcraft. 

Throughout the 17C New England women became especially susceptible to accusation, if they were seen as challenging their prescribed place in a gendered hierarchy that Puritans held to be ordained by God. Women who fulfilled their allotted social roles as wives, mothers, household mistresses, & church members without threatening assumptions about appropriate female comportment were respected and praised as the handmaidens of the Lord; but those whose circumstances or behavior seemed to disrupt social norms could easily become branded as the servants of Satan.  

Especially vulnerable were women who had passed menopause & no longer served the purpose of procreation; women who were widowed & so neither fulfilled the role of wife nor had a husband to protect them from malicious accusations; & women who had inherited or stood to inherit property in violation of society's expectations that wealth would be transmitted from man to man.  Women who seemed unduly aggressive & contentious were also likely to be accused; behavior that would not have struck contemporaries as particularly egregious in men seemed utterly inappropriate in women. 

Bridget Bishop & Susannah Martin, both executed in 1692, exemplifed these characteristics. Both had been widowed. Bishop had assumed control of her first husband's property before remarrying. Martin had engaged in protracted litigation over her father's estate in an unsuccessful attempt to secure what she considered her rightful inheritance. Both women had displayed an assertiveness & fiery temper that some of their neighbors found deeply troubling.

Events in Salem Village in 1692

January 20
Nine-year-old Elizabeth Parris and eleven-year-old Abigail Williams began to exhibit strange behavior, such as blasphemous screaming, convulsive seizures, trance-like states and mysterious spells. Within a short time, several other Salem girls began to demonstrate similar behavior.

Mid-February
Unable to determine any physical cause for the symptoms and dreadful behavior, physicians concluded that the girls were under the influence of Satan.

Late February
Prayer services and community fasting were conducted by Reverend Samuel Parris in hopes of relieving the evil forces that plagued them. In an effort to expose the "witches", John Indian baked a witch cake made with rye meal and the afflicted girls' urine. This counter-magic was meant to reveal the identities of the "witches" to the afflicted girls.  Pressured to identify the source of their affliction, the girls named three women, including Tituba, Parris' Carib Indian slave, as witches. On February 29, warrants were issued for the arrests of Tituba, Sarah Good and Sarah Osborne.

Although Osborne and Good maintained innocence, Tituba confessed to seeing the devil who appeared to her "sometimes like a hog and sometimes like a great dog." What's more, Tituba testified that there was a conspiracy of witches at work in Salem.

March 1
Magistrates John Hathorne and Jonathan Corwin examined Tituba, Sarah Good, and Sarah Osborne in the meeting house in Salem Village. Tituba confessed to practicing witchcraft.  Over the next weeks, other townspeople came forward and testified that they, too, had been harmed by or had seen strange apparitions of some of the community members. As the witch hunt continued, accusations were made against many different people.  Frequently denounced were women whose behavior or economic circumstances were somehow disturbing to the social order and conventions of the time. Some of the accused had previous records of criminal activity, including witchcraft, but others were faithful churchgoers and people of high standing in the community.

March 12
Martha Corey is accused of witchcraft.

March 19
Rebecca Nurse was denounced as a witch.

March 21
Martha Corey was examined before Magistrates Hathorne and Corwin.

March 24
Rebecca Nurse was examined before Magistrates Hathorne and Corwin.

March 28
Elizabeth Proctor was denounced as a witch.

April 3
Sarah Cloyce, Rebecca Nurse's sister, was accused of witchcraft.

April 11
Elizabeth Proctor and Sarah Cloyce were examined before Hathorne, Corwin, Deputy Governor Thomas Danforth, and Captain Samuel Sewall. During this examination, John Proctor was also accused and imprisoned.

April 19
Abigail Hobbs, Bridget Bishop, Giles Corey, and Mary Warren were examined. Only Abigail Hobbs confessed.  William Hobbs "I can deny it to my dying day."

April 22
Nehemiah Abbott, William and Deliverance Hobbs, Edward and Sarah Bishop, Mary Easty, Mary Black, Sarah Wildes, and Mary English were examined before Hathorne and Corwin. Only Nehemiah Abbott was cleared of charges.

May 2
Sarah Morey, Lydia Dustin, Susannah Martin, and Dorcas Hoar were examined by Hathorne and Corwin.  Dorcas Hoar "I will speak the truth as long as I live."

May 4
George Burroughs was arrested in Wells, Maine.

May 9
Burroughs was examined by Hathorne, Corwin, Sewall, and William Stoughton. One of the afflicted girls, Sarah Churchill, was also examined.

May 10
George Jacobs, Sr. and his granddaughter Margaret were examined before Hathorne and Corwin. Margaret confessed and testified that her grandfather and George Burroughs were both witches.
Sarah Osborne died in prison in Boston.  Margaret Jacobs "... They told me if I would not confess I should be put down into the dungeon and would be hanged, but if I would confess I should save my life."

May 14
Increase Mather returned from England, bringing with him a new charter and the new governor, Sir William Phips.

May 18
Mary Easty was released from prison. Yet, due to the outcries and protests of her accusers, she was arrested a second time.

May 27
Governor Phips set up a special Court of Oyer and Terminer comprised of seven judges to try the witchcraft cases. Appointed were Lieutenant Governor William Stoughton, Nathaniel Saltonstall, Bartholomew Gedney, Peter Sergeant, Samuel Sewall, Wait Still Winthrop, John Richards, John Hathorne, and Jonathan Corwin.  These magistrates based their judgments and evaluations on various kinds of intangible evidence, including direct confessions, supernatural attributes (such as "witchmarks"), and reactions of the afflicted girls. Spectral evidence, based on the assumption that the Devil could assume the "specter" of an innocent person, was relied upon despite its controversial nature.

May 31
Martha Carrier, John Alden, Wilmott Redd, Elizabeth Howe, and Phillip English were examined before Hathorne, Corwin, and Gedney.

June 2
Initial session of the Court of Oyer and Terminer. Bridget Bishop was the first to be pronounced guilty of witchcraft and condemned to death.

Early June
Soon after Bridget Bishop's trial, Nathaniel Saltonstall resigned from the court, dissatisfied with its proceedings.

June 10
Bridget Bishop was hanged in Salem, the first official execution of the Salem witch trials. Bridget Bishop "I am no witch. I am innocent. I know nothing of it."

Following her death, accusations of witchcraft escalated, but the trials were not unopposed. Several townspeople signed petitions on behalf of accused people they believed to be innocent.

June 29-30
Rebecca Nurse, Susannah Martin, Sarah Wildes, Sarah Good and Elizabeth Howe were tried for witchcraft and condemned.
Rebecca Nurse "Oh Lord, help me! It is false. I am clear. For my life now lies in your hands...."

Mid-July
In an effort to expose the witches afflicting his life, Joseph Ballard of nearby Andover enlisted the aid of the accusing girls of Salem. This action marked the beginning of the Andover witch hunt.

July 19
Rebecca Nurse, Susannah Martin, Elizabeth Howe, Sarah Good, and Sarah Wildes were executed.  Elizabeth Howe "If it was the last moment I was to live, God knows I am innocent..."

Susannah Martin "I have no hand in witchcraft."

August 2-6
George Jacobs, Sr., Martha Carrier, George Burroughs, John and Elizabeth Proctor, and John Willard were tried for witchcraft and condemned. Martha Carrier "...I am wronged. It is a shameful thing that you should mind these folks that are out of their wits."

August 19
George Jacobs, Sr., Martha Carrier, George Burroughs, John Proctor, and John Willard were hanged on Gallows Hill.
George Jacobs "Because I am falsely accused. I never did it."

September 9
Martha Corey, Mary Easty, Alice Parker, Ann Pudeator, Dorcas Hoar, and Mary Bradbury were tried and condemned.
Mary Bradbury "I do plead not guilty. I am wholly innocent of such wickedness."

September 17
Margaret Scott, Wilmott Redd, Samuel Wardwell, Mary Parker, Abigail Faulkner, Rebecca Eames, Mary Lacy, Ann Foster, and Abigail Hobbs were tried and condemned.

September 19
Giles Corey was pressed to death for refusing a trial.

September 21
Dorcas Hoar was the first of those pleading innocent to confess. Her execution was delayed.

September 22
Martha Corey, Margaret Scott, Mary Easty, Alice Parker, Ann Pudeator, Wilmott Redd, Samuel Wardwell, and Mary Parker were hanged.

October 8
After 20 people had been executed in the Salem witch hunt, Thomas Brattle wrote a letter criticizing the witchcraft trials. This letter had great impact on Governor Phips, who ordered that reliance on spectral and intangible evidence no longer be allowed in trials.

October 29
Governor Phips dissolved the Court of Oyer and Terminer.

November 25
The General Court of the colony created the Superior Court to try the remaining witchcraft cases which took place in May, 1693. This time no one was convicted.

Mary Easty "...if it be possible no more innocent blood be shed...I am clear of this sin."

By early October, when the court proceedings were halted amid acrimonious controversy, 19 people had been hanged. Over 100 individuals were in prison awaiting trial, & 4 died during their confinement.

The Salem trials were halted primarily because of controversy over the court's reliance upon problematic testimony, which reaffirmed & intensified judicial concerns regarding evidentiary issues. Such concerns combined with embarrassment & distress over the deaths that resulted from the trials that year to discourage future prosecutions, though an end to witch trials in New England by the century's close did not signify an end to the belief in & fear of witches.

Earlier Witch-burning in Europe, 1550

Salem Witches & their Accusers. Richard Godbeer
Oxford Dictionary of National Biography, Oxford University Press, 2004

The Female Witch Myth was targeted by English Jurist Matthew Hale (1609-1676), so influential in the recent Roe v. Wade demise, whose writings & court rulings on women were/are far-reaching & long-lasting. In 1662, he was involved in one of the most notorious of the 17C English witchcraft trials, where he sentenced 2 women to death for being witches. The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the 1692 Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

Perhaps English Jurist Matthew Hale (1609-1676) read Malleus Maleficarum (1486) translated by Montague Summers 1928 - see Google Books) Written in Latin & first submitted to the University of Cologne on May 9th, 1487, the title is translated as "The Hammer of Witches." Written in 1486 by Austrian priest Heinrich Kramer (also Kraemer) & German priest Jakob (also James) Sprenger, at the request of Pope Innocent VIII. As the main justification for persecution of witches, the authors relied on a brief passage in the Bible (the book of Exodus, chapter 22, verse 18), which states: "Thou shalt not suffer a witch to live." The Malleus remained in use for 300 years. It had tremendous influence in the witch trials in England & her colonies, & on the European continent. 

The Malleus was used as a judicial case-book for the detection & persecution of witches, specifying rules of evidence & the canonical procedures by which suspected witches were tortured & put to death. Thousands of people (primarily women) were judicially murdered as a result of the procedures described in the book because of having a strange birthmark, living alone, mental illness, cultivating medicinal herbs, or simply because they were falsely accused (often for financial gain by the accuser). The Malleus serves as a chilling warning of what happens when intolerance takes over a society. 

Female Witches - New England's Early 1656 Witch Trial

Image from History of Witches and Wizards, 1720 or The history of witches and wizards: giving a true account of all their tryals in England, Scotland, Swedeland, France, and New England; with their confession and condemnation / Collected from Bishop Hall, Bishop Morton, Sir Matthew Hale, etc. By W.P. 1720

Trials for witchcraft in New England did not begin in 1692.  In The Salem Witch Trials: a Reference Guide by K. David Goss, he recounts the trial of Anne Hibbins who was hanged in 1656. Anne Hibbins (1656) was censured by Boston church leaders for her contentious behavior in repeatedly accusing a local craftsman of overcharging for his labor. She was furthermore charged with supplanting her husband’s position in dealing with this problem, violating the Puritan belief that wives should submit themselves to the leadership of their husbands. 

For this offense, she was unrepentant. She was removed from membership in the Boston church and found guilty of witchcraft in 1654, after the death of her husband. Although the magistrates denied the initial verdict, a 2nd trial was held before the Massachusetts Great and General Court. Anne Hibbins was convicted a 2nd time of witchcraft and executed in 1656. 

In his assessment of this tragedy, Governor Thomas Hutchinson (1711-1780), in his "History of Massachusetts," places the blame for this conviction upon the people of Boston who disliked Anne Hibbin’s contentious nature. He wrote that the trial and the condemnation of Anne Hibbins for witchcraft was "a most remarkable occurrence in the colony," for he found that is was her temper and argumentative nature, that caused he neighbors to accuse her of being a witch.

The Female Witch Myth was enhanced by English Jurist Matthew Hale (1609-1676), so influential in the recent Roe v. Wade demise, whose writings & court rulings on women were/are far-reaching & long-lasting. In 1662, he was involved in one of the most notorious of the 17C English witchcraft trials, where he sentenced 2 women to death for being witches. The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the 1692 Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

Perhaps English Jurist Matthew Hale (1609-1676) read Malleus Maleficarum (1486) translated by Montague Summers 1928 - see Google Books) Written in Latin & first submitted to the University of Cologne on May 9th, 1487, the title is translated as "The Hammer of Witches." Written in 1486 by Austrian priest Heinrich Kramer (also Kraemer) & German priest Jakob (also James) Sprenger, at the request of Pope Innocent VIII. As the main justification for persecution of witches, the authors relied on a brief passage in the Bible (the book of Exodus, chapter 22, verse 18), which states: "Thou shalt not suffer a witch to live." The Malleus remained in use for 300 years. It had tremendous influence in the witch trials in England & her colonies, & on the European continent. 

The Malleus was used as a judicial case-book for the detection & persecution of witches, specifying rules of evidence & the canonical procedures by which suspected witches were tortured & put to death. Thousands of people (primarily women) were judicially murdered as a result of the procedures described in the book because of having a strange birthmark, living alone, mental illness, cultivating medicinal herbs, or simply because they were falsely accused (often for financial gain by the accuser). The Malleus serves as a chilling warning of what happens when intolerance takes over a society. 

Female Witches - Hanging those "Evil Women" in Britain's North American Colonies

  In 1692, a group of young girls, not yet full-grown women, in Salem Village, Massachusetts were accused of witchcraft, & 20 were eventually executed as witches; however, none of the condemned was burned at the stake. In accordance with English law, 19 of the victims of the Salem Witch Trials were instead taken to the infamous Gallows Hill to die by hanging.

An earlier woodcut of the hanging of female witches from Richard Gardiner, England's Grievance Discovered. 1655

The Female Witch Myth was strengthened by English Jurist Matthew Hale (1609-1676), whose writings & court rulings on women were/are far-reaching & long-lasting. In 1662, he was involved in one of the most notorious of the 17C English witchcraft trials, where he sentenced 2 women to death for being witches. The judgment of Hale in this case was extremely influential in future cases in England & in the British American colonies, & was used in the 1692 Salem witch trials to justify the forfeiture of the accused's lands. As late as 1664, Hale used the argument that the existence of laws against witches is proof that witches exist.

Perhaps English Jurist Matthew Hale (1609-1676) read Malleus Maleficarum 1486 (translated by Montague Summers 1928 - see Google Books) Written in Latin & first submitted to the University of Cologne on May 9th, 1487, the title is translated as "The Hammer of Witches." Written in 1486 by Austrian priest Heinrich Kramer (also Kraemer) & German priest Jakob (also James) Sprenger, at the request of Pope Innocent VIII. As the main justification for persecution of witches, the authors relied on a brief passage in the Bible (the book of Exodus, chapter 22, verse 18), which states: "Thou shalt not suffer a witch to live." The Malleus remained in use for 300 years. It had tremendous influence in the witch trials in England & her North American colonies, & on the European continent. 

The Malleus was used as a judicial case-book for the detection & persecution of witches, specifying rules of evidence & the canonical procedures by which suspected witches were tortured & put to death. Thousands of people (primarily women) were judicially murdered as a result of the procedures described in the book because of having a strange birthmark, living alone, mental illness, cultivating medicinal herbs, or simply because they were falsely accused (often for financial gain by the accuser). The Malleus serves as a chilling warning of what happens when intolerance takes over a society.

Female Witches - A Condemned 1692 Salem Witch & Her Husband Speak Out

Ulrich Molitor. De Lamiis et Phitonicis Mulieribus, 1493

Mary Towne Easty, the daughter of William Towne & Joanna Blessing Towne of Great Yarmouth, Norfolk, England, was baptized on August 24, 1634. One of 8 children, she & her family sailed for Massachusettes around 1640.

Mary married Isaac Eastey in 1655, in Topsfield, Massachusetts. Isaac, a successful farmer, was born in England on November 27, 1627. Together the couple had 12 children. Two of Easty's sisters, Rebecca Nurse & Sarah Cloyse, were also accused of witchcraft during the Salem outbreak.

At the time of her questioning, Easty was about 58 years old. Her examination followed the pattern of most in Salem: girls had fits & were speechless at times. The magistrate became angry when she would not confess her guilt, which he deemed proven beyond doubt by the sufferings of the afflicted.

Easty was condemned to death on September 9, 1692. She was executed on September 22nd, despite an eloquent plea to the court to reconsider & not spill any more innocent blood. On the gallows she prayed for a end to the witch hunt.

Petition of Mary Easty To his Excellency S'r W'm Phipps: Govern'r and to the honoured Judge and Magistrates now setting in Judicature in Salem. 

Petitions for Compensation and Decision Concerning Compensation

Account of Isaac Easty -- Case of Mary Easty

Topsfield Septemb'r 8 th. 1710 Isaac Esty (Senior, about 82 years of age) of Topsfield in the county of Essex in N.E. having been sorely exercis'd through the holy & awful providence of God depriving him of his beloved wife Mary Esty who suffered death in the year 1692 & under the fearfull odium of one of the worst of crimes that can be laid to the charge of mankind, as if she had been guilty of witchcraft a peice of wickedness witch I beleeve she did hate with perfect hatered & by all that ever I could see by her never could see any thing by her that should give me any reason in the lest to think her guilty of anything of that nature but am firmly persuaded that she was innocent of it as any to such a shameful death-Upon consideration of a notification from the Honored Generall Court desiring my self & others under the like circumstances to give some account of what my Estate was damnify'd by reason of such a hellish molestation do hereby declare which may also be seen by comparing papers & records that my wife was near upon 5 months imprisioned all which time I provided maintenance for her at my own cost & charge, went constantly twice aweek to provide for her what she needed 3 weeks of this 5 months she was in prision at Boston & I was constrained to be at the charge of transporting her to & fro. So that I can not but think my charge in time and money might amount to 20 pounds besides my trouble & sorrow of heart in being deprived of her after such a manner which this world can never make me any compensation for.

I order and appoint my son Jacob Esty to carry this to the Honored Committee Appointed by the Honored Generall Court & are to meet at Salem Sept. 12, 1710. Dated this 8th of Sept. 1710.

Female Witches - 1607 Jesuits Suspect Lutheran sect of Witchcraft

This 1607 woodcut by a Jesuit, Christoph Andreas Fischer, The Hutterite Anabaptist Pigeon Coop, accuses that Protestant sect of witchcraft with its symbols — bats, brooms and more.

Dr. Adam Darlage, who teaches at Oakton Community College, with campuses in Skokie & Des Plaines, Illinois, studies how Christians have been less than kind to one another. For example, Darlage analyzed the meaning of a 1607 woodcut depicting Hutterites as pigeons, witches, and bigamists. Bigamists? In those days, Hutterite leaders let members of their flock abandon spouses who wouldn’t convert, he says, and thereafter allowed remarriage. Hence the accusation.

Female Witches - 1692 Salem Witch Trials - Adolescent Girls & Strange Fits

In 1692 a group of adolescent girls in Salem Village, Massachusetts, became subject to strange fits after hearing tales told by a West Indian slave. They accused several women of being witches. The townspeople were appalled but not surprised: Belief in witchcraft was widespread throughout 17th-century America and Europe. Town officials convened a court to hear the charges of witchcraft. Within a month, six women were convicted and hanged.

The hysteria grew, in large measure because the court permitted witnesses to testify that they had seen the accused as spirits or in visions. Such "spectral evidence" could neither be verified nor made subject to objective examination. By the fall of 1692, 20 victims, including several men, had been executed, and more than 100 others were in jail (where another five victims died) -- among them some of the town's most prominent citizens. When the charges threatened to spread beyond Salem, ministers throughout the colony called for an end to the trials. The governor of the colony agreed. Those still in jail were later acquitted or given reprieves.

Although an isolated incident, the Salem episode has long fascinated Americans. Most historians agree that Salem Village in 1692 experienced a kind of public hysteria, fueled by a genuine belief in the existence of witchcraft. While some of the girls may have been acting, many responsible adults became caught up in the frenzy as well.

Even more revealing is a closer analysis of the identities of the accused and the accusers. Salem Village, as much of colonial New England, was undergoing an economic and political transition from a largely agrarian, Puritan-dominated community to a more commercial, secular society. Many of the accusers were representatives of a traditional way of life tied to farming and the church, whereas a number of the accused witches were members of a rising commercial class of small shopkeepers and tradesmen. Salem's obscure struggle for social and political power between older traditional groups and a newer commercial class was one repeated in communities throughout American history. It took a bizarre and deadly detour when its citizens were swept up by the conviction that the devil was loose in their homes.

The Salem witch trials also serve as a dramatic parable of the deadly consequences of making sensational, but false, charges. Three hundred years later, we still call false accusations against a large number of people a "witch hunt."

For more, see Outline of U.S. History, a publication of the U.S. Department of State from the website of the United States Information Agency, where it was published in November 2005.