Judicial Scepticism Flashcards
When did Holt serve as Lord Chief Justice?
1689-1710
When did Mackenzie serve as Lord Advocate?
1677-1686
What did Mackenzie publish in 1678?
Laws and Customs of Scotland in Matters Criminal
When did Mackenzie publish ‘Laws and Customs of Scotland in Matters Criminal’?
1678
What did Mackenzie argue in his publication?
He believed that witchcraft was possible, most of the people accused were not genuine witches.
- True witches deserved punishment but most of the time judges were careless
- He believed witches were deceived and not necessarily evil
- Normal legal procedures were not followed in witch cases, he did not agree
What did Mackenzie do once he was promoted to Lord Advocate?
He used his powers to free a number of suspected witches. If he found evidence of foul play or torture, he usually threw the case out. His work contributed to a steep decline in witchcraft cases being heard at court
What was Holt’s career like before being appointed Lord Chief Justice?
Left without a degree at Oxford Uni
Began training as a lawyer in 1663
Well-liked by James II and became Recorder of London
He played an important role in the negotiations over the transition of power from the Catholic James II to the protestant William III
How has Holt’s career been recorded?
In Francis Hutchinson’s ‘An Historical Essay Concerning Witchcraft (1718)’
How many cases did Holt oversee as Lord Chief Justice?
Oversaw 11 or 12 trials concerning witchcraft and each one resulted in the acquittal of the accused
What was the general impact of George Mackenzie?
He was the first judge to practice sceptical thinking but his influence was limited to Scottish law and Sir John Holt
What was the name of the witch who was found innocent in 1682 and who was the judge of her case?
Joan Buts, Matthew Hale
Who was the first person to be found guilty of false accusations of witchcraft in 1701?
Richard Hathaway
What did John Holt do during the trial of 1701?
He asked an expert on the ‘scientificity’ of the evidence whether it was possible for someone to survive 2 weeks without eating
Which sceptical authors are believed to have influenced Holt’s sceptical thinking?
Scot, Ady and Webster
What was the name of the Lord Chief Justice who was prepared to convict on ‘presumptions’ rather than proof
Edmund Anderson
Why was the case of Sarah Murdock particularly significant in 1701?
Holt was prepared to put the accuser on trial for fraudulently claiming witchcraft shows how serious his scepticism was
Name some of Holt’s cases
- 1696 Elizabeth Homer
- 1694 Mother Munnings
- 1695 Launceston case
How did Scot influence judicial scepticism?
Questions around ‘proof’ and evidence begin in the late C16th
Raised concerns around ‘proving’ witchcraft, and if it wasn’t possible they had to go with their religious influenced conscience and find her guilty
Suggests that a few people present in juries were starting to look for evidence outside the Bible for the existence of witchcraft
Reveals that the strength of religion in the public consciousness was unchallenged.
How did Bacon influence judicial scepticism?
A noticeable change in acceptance of evidence from shortly before to afterwards
Lord Chief Justice Sir Edmund Anderson (1602), he was willing to suspend normal ‘proofs’ and convict on ‘presumptions’
Heneage Finch, a leading legal figure, oversaw a trial in 1620s where the Justice of the Peace, rather than convicting on conscience they convicted on ‘hard’ evidence- the Devil’s Mark
Suggests there was a slight change in attitudes towards requirements to find a witch guilty across all levels of the judiciary system
How did Hobbes influence judicial scepticsm?
An increasing number of judges and jurors aware of the logic and rationality behind ideas from people like Hobbes
Joan Buts, Surrey 1682 was found innocent as the jury found it difficult to prove. The presiding judge, Matthew Hale, purposefully left out evidence (a significant amount of spectral evidence) so that the jurors would led by their heart
Indicates that the spread of ideas was increasing and affecting even more levels of the judiciary
Reveals that public attitudes towards spectral evidence was significant, if Hale was concerned about how it might affect the decision
How did judicial scepticism change beliefs in witchcraft?
- The actions of judges were crucial to bringing the witch hunts to an end. Alice Molland became the last woman to be executed for witchcraft in 1685, while Jane Wenham was the last woman to be tried and acquitted of witchcraft in 1712.
- Due to higher degree of scepticism, and higher standards of evidence, witch trials became more and more impossible. A materialist approach and a rejection of spectral evidence was now the norm in courts.
- In 1736 the 1604 Witchcraft Act was overturned, this would not have happened without the willingness of Judges to acquit and, in the case of Judges like Holt, put the accusers on the stand
- Judges after 1660 were willing to be “activist” with their scepticism, which protected more and more of the accused.
- John Holt was significant in that he revealed a dramatic change in the attitude of the Judge in his particular role as Chief Justice. His predecessor, Matthew Hale, had been willing to admit any evidence in order to secure convictions.
How didn’t judicial scepticism change witchcraft belief?
- Judges were not able to control social attitudes. The Jane Wenham cases show that they had to protect the falsely accused from mob rule.
2.Even though judges had an impact on legal changes and the repealing of witchcraft law in 1736, they did not succeed in changing every attitude at every level of society over night.
→ The long-term issue of belief in witchcraft among the illiterate classes remained
