To deny the existence of especially evil supernatural powers, in old women, was held as an evidence of skepticism exposing the doubting person to like suspicion. Great numbers of women were put to death at a time; so common indeed was the sight as to cause but little comment. A Scotch traveler casually mentioned having seen nine women burning together at Bath in 1664. Knox himself suffered a woman to be burned at St. Andrews whom one word from him would have saved. Father Tanner speaks of “the multitude” of witches who were daily brought under the torture that was constantly practiced by the church.

The reformers were more cruel than those from whose superstitious teachings they professed to have escaped. All the tortures of the old church were repeated and an unusual number of new and diabolical ones invented to induce confession. Nor were these tortures applied to the suspected witch alone; her young and tender children against whom no accusation had been brought, were sometimes tortured in her presence in order to wring confession from the mother. Towards the end of the sixteenth century, a woman accused of witchcraft endured the most intense torture, constantly asserting her innocence. Failing to secure confession, her husband, her son, and finally her young daughter of seven short years were tortured in her presence, the latter being subjected to a species of thumb-screw called “the pinniwinkies” which brought blood from under the finger nails with a pain terribly severe. When these were applied to the baby hands, to spare her innocent child, the mother confessed herself a witch; but after enduring all the agonies of torture upon herself and all she was made to suffer in the persons of her innocent family, confession having been obtained through this diabolical means, she was still condemned to the flames, undergoing death at the stake a blazing torch of fire, and died calling upon God for that mercy she could not find at the hands of Christian men.[70] In protestant Scotland as in catholic countries, witchcraft was under control of the clergy. When a woman fell under suspicion of being a witch, the minister denounced her from the pulpit, forbade any one to harbor or shelter her and exhorted his parishioners to give evidence against her.[71] She was under ban similar to the excommunicate of the catholic church, a being outside of human help or sympathy. In protestant as in catholic countries the woman accused was virtually dead. She was excommunicated from humanity; designated and denounced as one whom all must shun, to whom no one must give food or lodging or speech or shelter; life was not worth the living. To afford such a one aid was to hazard accusation as a confederate. The first complaint was made to the clergy and Kirk Sessions.[72]

Notwithstanding two hundred years of such experience, when by an act of parliament in 1784, the burning and hanging of witches was abolished, the General Assembly of the Calvinistic church of Scotland “confessed” this act “as a great national sin.” Not only were the courts and the church alert for the detection of alleged witches, but the populace persecuted many to death.[73] Deserted by her friends, the suspected witch was beaten, worried by dogs, denied food and prevented from sleeping.[74] Contrary to equity and the principles of modern law, the church sought in every way to entrap victims into giving evidence against themselves. Once a person was accused, no effort was spared to induce confession. Holding control over the soul as well as the body, enquiry into these crimes was pushed by every method that human ingenuity could devise. The kirk became the stronghold of superstition; both rewards and punishments were used as inducements towards ferreting out witches. All ties of natural affection were ignored, the kirk preaching it to be a matter of greater duty to inform against one’s nearest relatives than against strangers. Unlike the theory of Roman civil law which held the accused innocent until proven guilty, ecclesiastical law everywhere produced a condition under which the accused was held guilty from the moment of accusation. During the witchcraft period the minds of people were trained in a single direction. The chief lesson of the church that betrayal of friends was necessary to one’s own salvation, created an intense selfishness. All humanitarian feeling was lost in the effort to secure heaven at the expense of others, even those most closely bound by ties of nature and affection. Mercy, tenderness, compassion were all obliterated. Truthfulness escaped from the Christian world; fear, sorrow and cruelty reigned pre-eminent. All regard that existed for others grew up outside of church teaching and was shown at the hazard of life. Contempt and hatred of woman was inculcated with greater intensity; love of power and treachery were parts of the selfish lessons of the church. All reverence for length of years was lost. The sorrows and sufferings of a long life appealed to no sympathetic cord in the heart. Instead of the tenderness and care due to aged women, they were so frequently accused of witchcraft that for years it was an unusual thing for an old woman in the north of Europe to die in her bed. Besides the thousands of accused who committed suicide in order to escape the horrors incident upon trial, many others tired of life amid so much humiliation and suffering, falsely accused themselves, preferring a death by the torture of fire to a life of endless isolation and persecution. An English woman on her way to the stake, with a greatness of soul born of despair, freed her judges from responsibility, by saying to the people, “Do not blame my judges. I wished to put an end to my own self. My parents keep aloof from me; my own husband has denied me. I could not live on without disgrace. I longed for death and so I told a lie.” The most eminent legal minds became incompetent to form correct judgment. Having received the church as of divine origin, and its priesthood as the representatives of the divinity, they were no longer capable of justice. Old and ignorant women upon the most frivolous testimony of young children were condemned to death. One of the most notable examples of the power of superstitious belief to darken the understanding, is that of Sir Matthew Hale, living in the seventeenth century. He was spoken of by his contemporaries as one of the most eminent jurists of the world, whose integrity, learning and knowledge of law were scarcely to be paralleled in any age, and yet he became so entirely convinced of the diabolism of two women as to condemn them to death while sitting at Bury St. Edmunds, without even summing up the evidence. The learned and famous Sir Thomas Browne, who was present, coincided in the justice of this decision, although but a short time previously he had published a work against superstition. The testimony upon which these women were condemned was of the most petty and worthless character, yet among all the persons present at the trial, but one or two seemed inclined to doubt the sufficiency of the evidence.

The records of this remarkable trial were preserved to the world by a gentleman who privately took a report for his own use, which was published in pamphlet form a number of years afterwards. This extremely rare book is not to be found even in the Congressional Library at Washington, but the Supreme Court Library owns a copy from which this report is taken:

Trial March 10, 1664 by Sir Matthew Hale, Knight, Lord Chief Baron of his Majesty’s Court of Exchequer held before a judge who for his integrity, learning and wisdom hardly any age before or since could parallel; he not only took a great deal of pains and spent much time in this trial himself, but had the assistance and opinion of several other very eminent and learned persons; so that this was the most perfect narrative of anything of this nature hitherto extant.

The persons tried were Ann Durant, or Drury, Susan Chandler, Elizabeth Pacy. The celebrated Dr. Brown of Norwich who had written a work against witchcraft, was present and after hearing the evidence expressed himself as clearly of the opinion the persons were bewitched, and said in Denmark lately there had been a great discovery of witches who used the same way of afflicting persons by the agency of pins. This trial took place in the sixteenth year of Charles II. The witnesses were two children of eleven and nine years who fell into fits, vomiting pins and nails. Sargeant Keeling asserted deception on part of the witnesses. The Court appointed Lord Cornwallis, Sir Edmund Bacon and Sargeant Keeling as committee to examine the girl alone, when they became fully satisfied of her imposture but without convincing the learned judge who contrary to all justice and law did not sum up the evidence, but gave the great weight of his opinion in favor of their guilt saying: “That there are such creatures as witches, I have not doubt at all. For First, Scripture has offered so much. Second, the wisdom of all nations has propounded laws against such persons, which is an argument of their confidence of such a crime. And such has been the judgment of this kingdom as appears by that Act of Parliament which hath provided punishments proportionate to the guilt of this offense, and desired them strictly to observe the evidence; and desired the great God of Heaven to direct their hearts in the weighty things they had so heard. For to condemn the innocent and to let the guilty go free, were both an abomination to the Lord. Within half an hour the jury returned a verdict of guilty on thirteen counts. The judge and all the court were fully satisfied with the verdict and therefore gave judgment against the witches that they should be hanged.

The evidence was of the most paltry character; as when out of door a little thing like a bee flew upon the witness face, putting a ten penny nail with a broad head into her mouth. Lath nails and pins said to have been vomited by the children were produced in court. When arraigned the accused pleaded not guilty nor did they ever change this plea. Great pressure was upon them to induce confession, but they could not be prevailed upon to thus criminate themselves and were executed the seventeenth of March, just one week after trial, confessing nothing.

This trial is the more remarkable that confessions usually deemed the best of evidence, were not obtained, these poor illiterate, persecuted women braving all the learning of the great judge and power of the kingdom in maintaining to the last the assertion of their innocence. The minutes of this trial were taken by a gentleman in attendance upon the court and were not published until 1716 when the record fell into the hands of a person who saw its value “so that,” he says, “being the most complete minutes of anything of this nature hitherto extant, made me unwilling to deprive the world of it; which is the sole motive that induced me to publish it.”

Not alone the clergy and the legal fraternity wrought in unison, but the medical as well, gave the weight of their authority in favor of witchcraft; and many persons needing the wisest medical appliance for their relief from disease were executed as witches. Half-witted and insane persons met with the same persecution as old women. It was an era of the strong against the weak, the powerful against the helpless. Even Sir Thomas Browne, himself a physician, regarded the fainting fits to which one of the accused women had long been subject as fuller evidence of her guilt. In his character of medical examiner he asserted that the devil had taken opportunity of her natural fits, to operate with her malice.

An almost equally notable trial as that of Bury St. Edmunds before Sir Matthew Hale, was known as the Sommers Trial, or that of the “Lancashire Witches,” in 1612. Among the accused were two extremely aged women decrepit and nearly blind, tottering into second childhood, incapable of understanding whereof they were accused, or the evidence against them which, as in the case argued before Sir Matthew Hale, was of the most worthless character. One needs but refer to the records in order to learn the extreme age, ignorance and many infirmities of these women. But as was the case in Scotland, these weaknesses were used as evidences of guilt. The feeble mental and physical condition of “the Lancashire witches,” their great age and failing power were used as evidence for their condemnation. From published accounts of this trial, we learn that: