[44] 1 and 2 Philip and Mary, regulating bail so as to prevent justices admitting prisoners to bail collusively. This statute 'was, in fact, the origin of the preliminary inquiry, which has come to be in practice one of the most important and characteristic parts of our whole system of procedure, but it was originally intended to guard against collusion between the justices and the prisoners brought before them.'—Stephen's History, vol. i. p. 237.
[45] These statements were probably made as answers to questions; but the fact does not appear in the report.
[46] At this point either Turner got into a wild confusion as to time, and nobody noticed it, or the report is wrong. Turner's story as it now stands is quite irreconcilable with the obviously true part of the evidence.
[47] Turner must have said, or intended to say, that he had agreed to pay Wild the £500 that White had given him the night before, as black-mail for the rest of the money and the jewels; but nothing of this appears in the report. It does not appear from the report how much money Tryon lost in all, nor how much was found at Fry's. It does not follow that evidence on the subject was not given at the trial.
[48] Turner was arrested by Cole about 3 p.m. Sir T. Aleyn does not say when he parted from him in the morning.
THE SUFFOLK WITCHES[49]
At the Assizes held at Bury St. Edmunds, for the county of Suffolk, on the 10th of March 1665, before Sir Matthew Hale,[50] Lord Chief-Baron of Exchequer, Rose Cullender and Amy Duny, widows, both of Leystoff, were indicted for bewitching Elizabeth and Ann Durent, Jane Bocking, Susan Chandler, William Durent, Elizabeth and Deborah Pacy; and being arraigned they pleaded Not Guilty.
Three of the persons above-named, viz. Anne Durent, Susan Chandler, and Elizabeth Pacy were brought to Bury to the Assizes, and were in a reasonable good condition; but that morning they came into the hall to give instructions for the drawing of their bills of indictments, the three persons fell into strange and violent fits, shrieking out in a most sad manner, so that they could not in any wise give any instructions in the court who were the cause of their distemper. And although they did after some certain space recover out of their fits, yet they were every one of them struck dumb, so that none of them could speak, neither at the time, nor during the Assizes, until the conviction of the supposed witches.
Dorothy Durent was the mother of William Durent, an infant. She swore that on the 10th of March 1669, she left her son William, who was then sucking, in charge of Amy Durent while she was away from home, giving her a penny for her trouble. She laid a great charge on Amy not to suckle the child, and on being asked why she did this, she explained that Amy had long gone under the reputation of a witch. Nevertheless, when she came back Amy told her that she had given the child suck;—