When for "witches" we read "women," we shall gain a more direct idea of the cruelties inflicted by the Church upon woman. Friends were encouraged to cast accusations upon friends, and rewards were offered for conviction. From the pulpit people were exhorted to bring the witch to justice. Husbands who had ceased to care for their wives, or in any way found them a burden, or who for any reason wished to dissolve the marriage tie, now found an easy method. They had but to accuse them of witchcraft, and the marriage was dissolved by the death of the wife at the stake. Mention is made of wives dragged by their husbands before the arch-Inquisitor, Sprenger, by ropes around their necks. In Protestant, as in Catholic countries, the person accused was virtually dead. She was excommunicated from humanity; designated and denounced as one whom all must shun, with whom none must buy or sell, to whom no one must give food or lodging or speech or shelter; life was not worth the living.
Besides those committing suicide, others brought to trial, tired of life amid so many horrors, 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 all must admire, 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 kept aloof from me; my husband had denied me. I could not live on without disgrace. I longed for death, and so I told a lie."
Of Sir George Mackenzie, the eminent Scotch advocate, it was said:
He went to examine some women who had confessed,[196] and one of them told him "under secrecie" that she had not confessed because she was guilty, but being a poor wretch who wrought for her meat, and being defined for a witch, she knew she would starve, for no person thereafter would give her either meat or lodging, and that all men would beat her and hound dogs at her, and therefore she desired to be out of the world, whereupon she wept most bitterly, and upon her knees called upon God to witness what she said.
The death these poor women chose to suffer rather than accept a chance of life with the name of witch clinging to them,[197] was one of the most painful of which we can conceive,[198] although in the diversity of torture inflicted upon "the witch," it is scarcely possible to say which was the least agonizing.
Not only was the persecution for witchcraft brought to New England by the Puritans, but it has been considered and treated as a capital offense by the laws of both Pennsylvania and New York. Trials took place in both colonies not long before the Salem tragedy; the peaceful Quaker, William Penn, presiding upon the bench at the time of the trial of two Swedish women accused of witchcraft. The Grand Jury acting under instruction given in a charge delivered by him, found bills against them, and his skirts were only saved from the guilt of their blood by some technical irregularity in the indictment.
Marriage with devils was long one of the most ordinary accusations in witch trials. The knowledge of witches was admitted, as is shown in the widely extended belief of their ability to work miracles. A large part of the women termed witches were in reality the profoundest thinkers, the most advanced scientists of those ages. For many hundred years the knowledge of medicine, and its practice among the poorer classes was almost entirely in their hands, and many discoveries in this science are due to them; but an acquaintance with herbs soothing to pain, or healing in their qualities, was then looked upon as having been acquired through diabolical agency. Even those persons cured through the instrumentality of some woman were ready when the hour came to assert their belief in her indebtedness to the devil for that knowledge. Not only were the common people themselves ignorant of all science, but their brains were filled with superstitious fears, and the belief that knowledge had been first introduced to the world through woman's obedience to the devil. Thus the persecution which for ages raged against witches, was in reality an attack upon science at the hands of the Church.
The entire subordination of the common law to ecclesiasticism, dates in England to the reign of Stephen, who ascended the throne in 1135. Its new growth of power must be ascribed to avarice, as it then began to take cognizance of crimes, establishing an equivalent in money for every species of wrong-doing. The Church not only remitted penalties for crimes already perpetrated, but sold indulgences for the commission of new ones. Its touch upon property soon extended to all the relations of life. Marriages within the seventh degree were forbidden by the Church as incestuous, but those who could buy indulgence were enabled to get a dispensation. No crime so great that it could not be condoned for money.
Canon law gained its greatest power in the family relation in its control over wills, the guardianship of orphans, marriage and divorce. Under ecclesiastical law, marriage was held as a sacrament, was performed at the church door, the wife being required to give up her name, her person, her property, her own sacred individuality, and to promise obedience to her husband in all things. Certain hours of the day were even set aside as canonical after which no marriage could be celebrated.[199] Wherever it became the basis of legislation, the laws of succession and inheritance, and those in regard to children, constantly sacrificed the interests of wives and daughters to those of husbands and sons. Ecclesiastical law ultimately secured such a hold upon family property and became so grasping in its demands, that the civil law interfered, not, however, in the interests of wives and children, but in the interests of creditors. Canon law had its largest growth through the pious fictions of woman's created inferiority.
To the credit of humanity it must be said that the laity did not readily yield to priestly power, but made many efforts to wrest their temporal concerns from ecclesiastical control. But in the general paucity of education, together with the abnegation of the will, sedulously taught by the Church, which brought all its dread power to bear in threats of excommunication and future eternal torment, the rights of the people were gradually lost. The control of the priesthood over all things of a temporal, as well as of a spiritual nature, tended to make them a distinct body from the laity, and rights were divided into those pertaining to persons and things, the rights of persons belonging to the priesthood alone; but inasmuch as every man, whatever his condition, could become a priest, and no woman, however learned or pious or high in station, could, the whole tendency of ecclesiastical law was to separate man and woman into a holy or divine sex, and an unholy or impious sex, creating an antagonism between those whose interests are by nature the same. Thus canon law, bearing upon the business of ordinary life between man and man, fell with its greatest weight upon woman; it not only corrupted the common law in England, but perverted the civil law of other countries. The denial under common law of the right of woman to make a contract, grew out of the denial of her right of ownership. Not possessing control over her own property or her future actions, she was held as legally unable to make a binding contract.