Miscellany Observations

Some Miscellany OBSERVATIONS On our present Debates respecting Witchcrafts, in a Dialogue Between S. & B. By P.E. and J.A. Philadelphia, Printed by William Bradford, for Hezekiah Usher. 1692.

S.

B. Sir, the Peace of a Place is earnestly to be sought, and they that sinfully 〈…〉 , will be guilty of all the miserable affects of them that whether this blame will truly fall upon you or us, is to be considered: there is an earnest contending for the Truth requisite, and that is not to be parted with for Peace.

S.

B. True, I could reflect here: but I spare. Only give me leave to tell you, that we have more reasons to plead our integrity by, than possibly you know of, or will easily believe.

S. 'I would gladly hear them.

B. I confess, the Animosities on both sides have been sinful, and much obstructive to the coming at the Truth: but if you will promise placidly to argue the Case with me, you shall hear what we have to say; and I will as readily entertain anything from you: and if we can come to a better understanding between us, it will be well.

S.

B. I shall freely give you my sense of anything you will ask,

S. 'Do you believe that there are any Witches?

B. Yes no doubt; the Scripture is clear for it: and it is an injurious reflection that some of yours have cast upon us, as if we called that Truth in question. Whether anything we attest doth undermine it, is to be considered.

S. 'And ought not these Witches to be Punished?

B. Without question; the Precept of God's Word is for it: only they must first be so proved.

S.

B. I believe it, though I think it not so easy as some make it, yet God often righteously leaves them to discover themselves.

S. 'Ought not the Civil Magistrate to use utmost diligence in the Searching out Witchcraft, when he is directed by God's Providence to grounds of a just suspicion of it?

B. Doubtless: yet ought he to manage the matter with great Prudence and Caution, and attend right Rules in the Search. But now give me leave to take the like liberty of propounding two or three questions to you?

S. 'With Freedom.

B. Taking it for granted that there are Witches in NEW-ENGLAND, which no rational man will dare to deny; I ask whether Innocent Persons my not be falsely accused of Witchcraft?

S. 'I verily believe it, and hope none of you suppose us so uncharitable as to think the contrary.

B. Do you not think it an hard lot for an Innocent Person to have the aspersion of Witchcraft cast upon him?

S. 'Without scruple; there being no Crime more scandalous and abominable; nor any that is with more difficulty wiped off.

B. All of you are not so minded on my Knowledge: but ought there not to be good grounds of suspicion, before a person (especially of honest Conversation) be brought on to the stage to be examined for such a Crime?

S.

B. That is not my business: but do you think that every suspicion is enough to commit a man to Prison for such a Crime?

S.

B. You must give me leave to dissent from you here, before I Proceed in my Queries. I am informed that in a Legal Warrant made for the Commitment of a Person, his Crime may not be mentioned under the Lencsying term of suspicion; but the Act or Acts are to be Expresly Charged; E. G. you are to take into your Custody, &c. for several Acts of Witchcraft Committed on the body of, &c. now certainly, there is more than a mere suspicion upon fallacious Presumptions, necessary for the doing of this Honestly. Our statute Laws therefore have provided great Cautions against the Committing of persons without Substantial grounds: Besides, it is certain, that on lighter suspicions of Capital Crimes, Bail may be taken; so that if the person be committed to God, his Mittimus goes for want of Fail, and doth not directly charge the Crime on him; yea and Bail may still be taken after Commitment. Moreover, Reason is felt faith, that when a man is Committed without Bail, and may not come off without a Jury; and in order to that an Indictment must be formed against him, where the Acts are again to be Positively & Particularly charged upon him, and Witnesses to be Examined, which exposeth him to open Ignominy, there ought to be something Substantial against him. Yea Conscience will tell a Justice, that if he verily believe that a Grand-Jury ought not, or cannot Legally find Billa vera against such a man, he doth him an inoparable wrong in so committing him; since hereby, his Credit is Stained, his Liberty Restreined, his Time Lost, and great Charges and Damages come upon him; which, who shall repair?

S.

B. I believe them not so aliene; but for the present let me ask: Do you think that a less clear Evidence is sufficient for Conviction in the Case of Witchcraft, than is necessary in other Capital Cases, suppose Murder, &c.

S.

B. This is a dangerous Principle, and contrary to the mind of God, who hath appointed that there shall be good and clear proof against the Criminal; else he is not Providentially delivered into the hand 〈◊〉 Justice, to be taken off from the earth. Not hath God exempted this Case of Witchcraft from the General Rule. Besides, reason tells us, that the more horrid the Crime is, the more Cautions we ought to be in making any guilty of it.

S.

B. Witches (as other Criminals) are not to be executed till detected; nor are they detected, till indubitably proved to be so: for which we are to use God's way, and wait his time: and his will in his Providence is, that some means sins shall go before hand to Judgment, and others shall come after.

S.

B. So we are indeed charged, but injuriously. As for Dalton, he only prescribes Rules for Justices in their private Capacity, for the Examining, or at most the Commitment of the Persons suspected; and his Rules are given so Confusedly, that I think no Justice can understand his Duty by them. As for Perkins and Bernard, whom you instance in; I presume that either you have not read them, or mistake them. They rightly distinguish between Presumption and Conviction; and tell us that some Presumptions, are stronger than others; some only sufficient for Examination, others enough for Commitment: but they confidently aver, that all presumptions, which are no more but so, are short of being Conviction; and where are you then? and indeed they say nothing hut what hath good reason in it; for to put a man to death by bare Presumptions, is to do it by guess, and that is something hard.

S. 'You seem to be very nice and critical in this point.

B. And why not? there is Life in the case; besides a perpetual infamy on the person, and a ruinous reproach upon his Family.

S. 'But what then will you allow for a clear Conviction?

B. I will tell you my thoughts in several Particulars, Against which if you please you may object: and First, there must be a matter of fact evidently done, and proved: for, where there is no fact, there is no ground of accusation against any person.

S. 'I shall make no reply against this.

B. Secondly; this matter of fact must carry in it the Evidence of the Crime which it is brought to prove.

S. 'What do you mean by Evidence?

B. I mean, that it be infallibly, or if you will, indubetably certain, that he who did that fact, rendered himself by it Guilty of the Crime, for the proof whereof it is alleged; otherwise, the Crime is not found out by the fact.

S.

B. Good reason; for if the fact may be done, and yet the person doing it be innocent of the Crime, the Verdict is merely conjectural, and the man dies by will and doom: whereas God hath not granted to men such a power over one another's Lives. If the Hypothesis be not necessary, there can be no Evidence or Demonstration drawn from it: and if the artificial argument fail, the Testimony cannot affect the party.

S. 'You may please to proceed.

B. Thirdly; a full and clear Legal discovery, that the party accused hath done the fact by which the Crime is evidenced. For it is one thing to be certain that there is Witchcraft in the thing, and another to know who is concerned in it: nor are we to fix it upon conjectures, be they never so probable.

S.

B. There are two things whereby this Conclusion may be made evident; and any one of them is sufficient: and they are both of them well known, and plentifully spoken to by Authors: it will there be needless now to insist on them.

S.

B. The first is, A free and full Confession made by the Accused Person, of the Fact, being in his right mind, and not frighted or forced into it:

S.

B. He may: nevertheless, if all due means be used, his Blood is on his own Head, and the Civil Authority will be blameless.

S. 'What mean you by a person in his right mind?

B. One that is neither distracted nor discontented; and so may not be supposed either to confess he knows not what; or to do it to rid himself of life, and to distraction I account deep Mellancholy expressed by the prevalency of strange Imaginations, apt to lead him into a belief of anything against himself or others. In these cases much tenderness is to be used.

S. 'But how shall this be known?

B. Enquiry is to be made of these that converse with them: and if there be nothing appear but that they are in their right mind, the Case is clear against them.

S.

B. By no means, provided it be fairly done.

S. 'When is that?

B. First, When there are strong Presumptions against the Person; and that is the main use of Presumption, viz. to bring the person upon Examination; and to do it without such, is a breach of the Rule of Charity, which is to think no evil.

S. 'And when else?

B. Secondly, As I before said, when means are not used to force or fright them into it. Extorted Confessions are not fair.

S.

B. See you to that; I am not accusing, but arguing; and let me tell you, there are other ways of undue force and fright, besides, Racks, Strappadoes and such like things as Spanish Inquisitors use.

S. 'What are they?

B. I may tell you another time: but I now pass to the second ground of Conviction, which is, The Testimony of two sufficient Human Witnesses, to one and the same Individual Fact, as done by the Party Accused.

S.

B. I am willing to be convinced by Reason.

S.

B. The case is vastly different. I may give an Historical Credit to Reports, upon probable grounds, because, if they should prove 〈…〉 man is hurt by it, and therefore, one good credible Author may 〈◊〉 here. But to take away the Names and L ives of Persons on so easy a belief, is not so light a matter. The mistake doth a mischief irreparable. Besides, the moral reason of appointing two Witnesses at least to confirm a matter by, is properly referrible to Individual Facts: for, it is by such that a man is proved guilty: now my denial challengeth as much credit as another's affirmation against me: and every particular Fact, having my particular denial against him that chargeth me; there is but one to one in that Individual: and the Law of Equity and Charity requires that I be believed in my own D efence, where there is nothing to preponderate.

S. 'If this Rule be always followed, it will be hard to punish Wickedness.

B. If it be not carefully followed, there will be no Security for Innocence.

S.

B. That is one of your mistakes; and you labor of a great many in your judging of us: We acknowledge the Afflicted Persons to be Human; and if they are Witnesses at all, they must be Human Witnesses; but I trust you will see your Error anon.

S.

B. I mean, that the Testimony itself be Human, as well as the Witnesses; or, to speak more plain, that the Thing Testified be that which became to the knowledge of, after the manner of men.

S. 'What do you mean by that?

B. I intend, That which one man can know concerning another by his Senses, and that according to the true nature, and use of them; whatsoever comes in any other way, is either by extraordinary Revelation from God, on by the insinuation of the D evil; and what Credit is legally to be given to a thing which an Human Person swears, merely upon the Devil, Information?

S.

B. I have many things against it, which I shall reduce to two Heads. First, I cannot think them to be competent Witnesses.

S.

B. I have heard many things of that nature, and I do believe, if they be true, and made so to appear, it ought to weaken their Testimony, although they do not stand upon Record; so that if such things be proved before a Jury (who are Judges of Witnesses, and of the weight of their Evidence) they are in Conscience to count them insufficient, and I am sure that utmost care ought to be had about the qualifications of such whose Testimony is taken against men's lives; that they be according to the Rules, which Moral Heathen, by the light of nature have acknowledged to be necessary. But here is not my great stick.

S. 'Why? They are Human Persons as well as you.

B. True; and yet there may be that which will render them incompetent. As, suppose them to be possessed persons. I know you stiffly deny it, because you fore-see that if you grant it, their Witness is thereby rendered invalid.

S. 'Yea, and we have sufficient reason to deny it.

B. Be not over confident, you may be mistaken. What are your reasons?

S.

B. I dispute not that; though I find some to be very confused in this point: but supposing them bewitched, they may be possessed too: and it is an ordinary thing for a possession to be introduced by a bewitching, as there are many instances in History do confirm.

S. 'But they have their fits by times and are out of them again.

B. And yet they may be possessed. Such as were possessed by Devils, on the records of the Gospel History, were so.

S.

B. I believe you are mistaken. I could name many things, which I think must either prove them Witches or possessed; and I charitably believe the latter of them.

S. 'I could never be convinced of that.

B. It may be so; and I could give a reason for it. But what do you think of their extraordinary sight, which you make so much use of to the astonishment of some of us? and what of their telling of things done at a distance, their Predicting of things future! and (if you may be Credited) their discovering of things Secret, and done before they were born, and telling the names of persons whom they never heard of; and many things of like nature.

S. 'I believe these may be the effects of Witchcraft.

B. Not of mere Witchcraft; nor yet are infallible evidence of Witchcraft: they may be without it, immediately from the Devil; and cannot be without either some possession, or some unlawful commerce with the Devil.

S. 'You will hardly persuade ours to believe you in this point.

B. It may be so: but I have further to object against their being sufficient Witnesses. Viz. Their incapacity to give a full and clear Testimony, to the face of the Prisoner at the Barr; and yet that is requisite by Law and Reason.

S.

B. That is more than you can prove: but suppose it; they are hereby Providentially prevented of doing that which is requisite in a Legal Witness.

S.

B. A poor one too: for you say that the Devil sometimes take away their memory, and it must be refreshed, by putting things to them, and that is enough: sometimes also there must be a great many parcels in the Evidence, and that must make it confused.

S.

B. I doubt that; for whiles they have their spectral sight, I cannot suppose them to be clear from the Charm. But this is not the thing I mainly insist upon; But the second thing I would plead to is, their Testimony is not Convictive.

S. 'How so?

B. For two reasons, because it is not Human; nor doth it affect the person.

S.

B. True; but how came they by their Knowledge? it is not according to the way that is natural for men to know things by; but it is either Supernaturally, or Preter-naturally; and that must be Extraordinarily, either from God or Satan.

S.

B. And and one of yours tells me, he is confirmed in it, because the confessing Witches say so. But no more of that. I am sure, by your own concessions, the most of their information is from the Afflicting Spectres, and the Black man, (it may be sometimes he puts on white, to look like an Angel of Light) I believe when God raiseth up Prophets, he will reveal himself in some other way to them, than by Devil; and in some other sort of raptures than in Tormenting Fits.

S.

B. I believe Devils are under the Government of God's Providence, & may be by his ruling hand improved in such discoveries; but it is without their designing either the Glory of God or the good of men, but the contrary; and therefore whatever comes from them is to be suspected; and it is dangerous using or crediting them too far.

S.

B. This is a thing which I am not ready to believe in this Case; and that because it is an insufficient Medium to attain the end, and that for the Second reason I named, Viz. it doth not affect the person accused.

S. 'You said so indeed; but it needs proof.

B. When I say it affects him not; I principally intend, it will not amount to an evidence against him; and if so, what discovery is there in it?

S.

B. Supposing it; yet it doth not hence follow that he is the Witch.

S.

B. I know you all plead so; and tell us that the Devil cannot represent an Innocent person doing mischief, but never proved it; nor can we believe you.

S.

B. Where was it when God suffered Naboth's Life to be taken away, by false Witnesses? where was it when Solomon made that remark in, Eccles. 8. 14.? It is not for such silly Mortals as you and I to prescribe to him who sits King forever.

S. 'But how could the World stand if it might be so permitted?

B. There are some things now and then Evene; that if it were common, would subvert the World: and if Devils had their unrestrained liberty, they would soon discover it: and yet for God when he pleaseth to suffer such things, to Evene in a way of Judgment, is consistent with his Holiness, and is also Doctrinal to us.

S. 'But by this notion good men's lives might be exposed and lost.

B. That is your fault who give such a credit to these things. I believe, if it were your lot to be thus accused, you would think it hard 〈◊〉 to be so censured, or dealt by: you would either repent of your rashness, or turn Atheist.

S. 'I never fear it; God will never permit such a thing.

B. That makes you so censorious: and others have so said, but now they are accused, and eat their words.

S. 'Can you give an instance of any Godly Person so accused?

B. History supplies us with enough, and those not only Innocent, which were sufficient, but famous for extraordinary Piety.

S. 'Who knows but they were Hypocrites and Witches for all?

B. True, and so are you for ought I certainly know: but the Rule of Charity bids us to think well of them, till that appear which ought to remove this Charity.

S.

B. And it is a presumption in you, and insufficient, till you can prove that the Devil cannot do it without their consent, which I believe you never will.

S. 'We do not yet see that you have proved that he never hath so done

B. That's a wheedle: none knows another's heart: let us produce the most emiment instances of that kind, and you reply, who knows but they were Hypocrites and Witches? But mean while you forget that it lies upon you to prove, that it cannot be; else how can you safely conclude the Evidence you would draw from it? it is a principle you practice upon, and sure you should make it good: Besides, we have arguments to make it Rationally appear, that it may well be.

S. 'We are willing to hearken to Reason.

B. That's well: Do you really believe that all the persons accused are Witches.

S. 'God forbid that I should be so uncharitable.

B. This is a plain contradiction: for if you believe the former conclusion, you must either suspect the Accusers of Falsehood, which you will not bear, or of a delusion, which you deny, or that all so Accused are Guilty.

S.

B. Nor is there a prospect of an end of those accusations in this way. But will you admit of a little reasoning in this case? I suppose you believe that the Devil can do this, and will too, should God permit him so far.

S. 'No doubt.

B. That God may permit him, consistent with his Rectoral Holiness, is (I think) undeniable. He can make a scourge of it to punish a Backsliding People by: he can humble his own Children by it, and make it turn to their good in the end; he hath done things as unaccountable as this; and who hath limited him in this only case.

S. 'But if the Afflicted Persons Testifie that they see such an one afflicting them personally, must not this be Convictive? shall he excuse himself by saying the Devil did it in his likeness, without his consent? may not men make this excuse in all other Crimes that are witnessed against them? and where is the course of Justice then?

B. I have heard much such insignificant talk: Supposing the Afflicted capable of giving a Testimony, we still say; that if two Witnesses aver such a thing concerning a person, and he cannot prove himself to be in another place at the same time, he is legally convicted, and (if innocent yet) he must adore God's Sovereign Providence, and acquit the Judges and Juries: But what do you say, when they do it whilst the Accused is in presence, and many Witnesses must say it is not he? for he cannot be in two places at once.

S.

B. But when it is so, it still remains to prove their consent, which they deny; and your argument is not valid to evince it; it being a conclusion which you draw at least from uncertain premises, how then should it be certain! where the Word of God requires that the thing be certain.

S.

B. Otherwise Innocent Persons may be condemned for Witches: and what a fearful thing is that? and know it, that God never intended to bring to light all hidden works or workers of Darkness in this World; nor will it be imputed as a Sin, that men did not punish secret sins without clear discoveries: but if in a precipitant zeal, they should cut off any for Crimes not proved, it will be imputed. Nevertheless, there are other ways to find out Witches besides their own Confession.

S.

B. I think not: and my reason is, because there must be at least 〈◊〉 Fact proved against the person, for which he ought to dy: and that is it which his Guilt is to be found upon; and it is enough: but if there be no one such thing, all the Suspicious Circumstances will not make it up, because the thing is not made certain by them. Besides, 〈…〉 us, that never so many mere Presumptions will not do it.

S.

B. No, not in case of Witchcraft, when only the Afflicted 〈…〉 By-standers can neither see nor feel anything: for that sight 〈…〉 and that is preternatural, and so not convictive; because, as I before told you, witness to matter of Fact, must be of things that come under our Senses, at they are Human: this therefore proves nothing distinctly, or individually, but only disjunctively, viz. that it is either by Witchcraft, or more immediately from the Devil.

S.

B. The Law provides that persons committed for Capital 〈◊〉 without Bayl; and they must at least pass a Grand jury 〈…〉 have a delivery: and for that Reason, it also provides that no person shall be so Committed but for something which hath at least the value of one clear Testimony to prove it such a Crime: Besides, the name, and Life of the person is hereby exposed; and reason tells us, there must be something Testifiable against him for such a thing: this is no light matter to have men's names forever Stigmatized, their Families ruined, and their Lives hazarded.

S.

B. I have nothing to say on that account; I never saw their Trials. But I know, an error in the First Concoction is not Rectified in the Second. Evil is not to be done that good may come of it. You cannot tell how many Innocent persons may be by it ruined for this World. However, good events do not Justify unwarrantable actions.

S.

B. Do the Afflicted persons know personally all whom they cry out of?

S. 'No; some they never saw, it may be never heard of before.

B. And upon whose information will you send for the accused?

S. 'That of the Afflicted.

B. And who informed them?

S. 'The Spectre.

B. Very good, and that's the Devil, turned informer: how are good men like to fare, against whom he hath a Particular malice.

S.

B. It is but a Presumption; and wise men will weigh Presumptions against Presumptions. There is to be no 〈◊〉 without grounds of suspicion. Some persons Credit ought to be accounted too good to be undermined so far as to be suspected on so slight a ground; and it is an injury done them to bring them upon Examination, which renders them openly suspected. I will not deny but for persons already suspected, and of ill fame, it may occasion their being Examined; but if nothing else comes in, nor a Confession be made; the use of such a Presumption any further ceaseth: but if other things of moment appear, a further Legal proceeding may be made.

S.

B. Nor Examined any Publicly, who were before of good reputation for Piety? Some think other wise; but what is that to me? I would fain know what the other thing is:

S.

B. You are very uncharitable to say they did it, because there have been such things in concomitancy.

S. 'The very poison of the Witches eyes hath knockit them down.

B. I see you are no Philosopher: I am satisfied that there is Illusion in this as well as the other; I pray do these effects follow merely on their coming in their sight, or by using of it as an Ordeal?

S.

B. The use of this as a Trial, is utterly unlawful, as will ere long be made to appear to the World: and besides, the thing is not evidential, when it is done; but exceedingly fallacious: yea indeed, it is not any whit more a Presumption than the former, if so much.

S. 'But it never fails,

B. The more awful the Judgment of God, and the greater the Trial of our sincerity, if, though the thing comes to pass, yet we 〈◊〉 not be drawn from our obedience to God.

S. 'We have old presidents for the using of such a course.

B. No president will Justify that which is sinful, the older an error is, the worse: besides, it was borrowed from Popish, Exorcists originally.

S. 'Some tell us that there is a natural cause for it.

B. And you believe them! The effect is preternatural, and the thing unaccountable: and men's wild guesses in such an affair, ought not to pass for Maxims, where life is concerned. I know not how you 〈◊〉 affected; but I profess I should be loath to dy upon a meet point of Philosophy that is at most disputable.

S. 'You are an admirable Advocate for the Witches.

B. This is not the first time. But if you thus Reflect, we had as good break off at present.

S.

B. I have already told you my Judgment of the Confessors against themselves: but there is enough (I think) to invalidate their evidence against others.

S.

B. There are disputes about that, and I am not so good a Lawyer as to determine it: only I have to except in this Case.

S. 'I would gladly hear what you can say to it.

B. First, the persons confessing are Witches by their own confession; and have therefore abjured God and Christ, and given themselves up to the Devil, the Father of Lies; and what Credit is to be given to the Testimony of such against the Lives of others?

S.

B. Less Crimes require a long probation of persons repentance: and their bare say so, is but a poor evidence for them; nay though they add tears and ask forgiveness. Furthermore, some things ought to be a perpetual infamy to persons, and forever disable them for giving a Testimony in this World; to be sure, till they are restored plentifully to the Charity of all good men.

S. 'This seems harsh D octrine?

B. But I think it good D octrine. Yet Secondly, The things them selves when they Testifie are liable to many Illusions. The Witches themselves do not know when they go in Spectre, and when in Body and how should they then tell, whether the other be the person bodily, or only in Spectre? instances enough may be produced of such as confidently averred they were carried away in Body, when many Witnesses knew the contrary.

S.

B. God is able to clear up these things, and let us herein agree to seek him for it, in the 〈◊〉 of his Appointment.