Chief Justice John Holt Flashcards
Who was Chief Justice John Holt?
Born in Oxfordshire & became a Barrister in 1663
What significant change did John Holt make in 1688-89?
He negotiated the transition of power from Catholic James II to Protestant William II in 1668-89
When was John Holt appointed Lord Chief Justice?
1689
How many trials did John Holt oversee as Lord Chief Justice?
11 or 12 - he made sure all of the trials he oversaw resulted in acquittal
What was John Holt’s most famous case?
Sarah Murdoch case - 1701
Holt acquitted the suspected witch & was met with fierce opposition from her neighbours
Holt put the accuser on trial & sentenced him to a year in prison for fraudulence
Why was Chief Justice John Holt important?
He was not only Chief Justice but he was also not a trailblaiser (his principals weren’t new)
Why was Chief Justice John Holt not a trailblaiser?
- Sir George McKenzie before him was a Scottish lawyer who dismissed a number of cases - he was Chief Advcate in Scotland
Who was Sir George McKenzie?
He was Chief Advcate in Scotland - dismissed a number of cases
He wrote The Laws and Customs of Scotland in Matters Criminal
1678) - he argued most people in witchcraft were innocent
How were Chief Justice John Holt’s actions significant in the decline of witchcraft?
The actions of the judges were crucial to bringing the witch hunts to an end
How were Chief Justice John Holt’s actions not significant?
Judges were not able to control social attitudes
The Jane Wenham cases shows that they had to protect the falsely accused from mob rule
How did judges make having trials much harder?
There was a higher degree of scepticism & higher standards for evidence - made witch trials less possible
People still believed in witches but the crime was difficult to prove
After the influence of judges like Chief Justice John Holt, what were the approaches used in courts during a witch trial?
- A materialist approach
- Rejection of spectral evidnece
These were now the norm in courts
How did the judges decisions end witch hunts?
Their scepticism brought the hunts to an end
Alice Molland was the last woman to be excecuted for witchcraft in 1685 - Jane Wenham was last to be tried & acquitted of withchcraft
How did the judges affect/change the witchcraft acts?
In 1736 the 1604 Witchcraft Act was overturned
This wouldn’t have happened without the willingness of judges to acquit & in John Holt’s case, turn the tables and put the accusers on the stand
What were judges after 1660 like and how did they promote change?
They were willing to be “activist” with their scepticism
This protected more and more of the accused - George McKenzie represented a lady accused of being a witch & John Holt acqutting every witch trial he presided over
