Judicial Scepticism

Question 1

Structure of judiciary in England

Answer 1

• Chief Justice: Most important judge in court of law
• Assizes Judge: Judges who travelled across seven circuits of England and Wales
• Justice of the Peace: lower judge who hears minor cases in local district
• Juror: Group of ppl local to case who make final decision (judge decision recommended)

Question 2

When is judicial scepticism significant?

Answer 2

• Later 17th century sees decline of witch prosecution
• Long before 1736 it became difficult to attain successful prosecution
• Changing attitudes of ruling classes
• Collective resistance effectively ended the trials

Question 3

What were the types of sceptical arguments?

Answer 3

• Biblical Sceptical Argument
• Material Sceptical Argument
• Sceptical Thinkers

Question 4

Why did the nature of evidence change?

Answer 4

• New standards of evidence (materialism)

- Ordered beliefs about inverse

Question 5

Who was Sir George Mackenzie?

Answer 5

Scot lawyer+Lord Advocate (Scot chief legal officer) from 1677-86. Became concerned at legitimacy of witch trials after Scot hunt of 1661-62.

Question 6

What professional experience did Sir George Mackenzie have with witch trials?

Answer 6

Recorded in 1672 that he rep’d accused witch accused of shape-shifting + using maleficium against a woman.

Question 7

When did Sir George Mackenzie publish ‘Laws and Customs of Scotland to Matters Criminal’?

Answer 7

1687: Conceded he believed witchcraft was possible, but most ppl accused weren’t genuine witches.

Question 8

What view towards witches did Mackenzie take up in ‘Laws and Customs of Scotland to Matters Criminal’?

Answer 8

• Accepted true witches deserve punishment, but also laid blame on careless judges who found innocent guilty, sent them to their deaths
• Trad view that witches were ppl who’d been deceived, but weren’t necessarily evil+deserving of harsh penalties

Question 9

What argument against the Diabolical Pact did Mackenzie take up in ‘Laws and Customs of Scotland to Matters Criminal’?

Answer 9

Doubted devil would offer riches to ppl- most witches accused were destitute

Question 10

What did Mackenzie argue about the legal procedures followed in witch trials?

Answer 10

Normal legal procedures not followed in witch trials as the crime was seen as exceptionally evil- disagreed w/this, pointed out suspected witches oft falsely confessed due to torture or sleep deprivation.

Question 11

What did Sir George Mackenzie do when he was promoted to Lord Advocate in 1677?

Answer 11

He used his powers to free a no. of suspected witches. Paid particular attention to how investigations had been carried out. If he found evidence of foul play or torture, he usually threw out the case.

Question 12

What was Sir George Mackenzie accused of because of his scepticism towards with trials?

Answer 12

A no. of leading theologians + bishops accused him of atheism, but his work contributed to steep decline in witchcraft

Question 13

Who was Lord Chief Justice Sir Holt?

Answer 13

Born in Oxfordshire 1642. Became Recorder of London (chief justice of the city) in 1685 and was well-respected

Question 14

How did Sir Holt’s involvement in politics get him a promotion?

Answer 14

Played important role in negotiations over transition of power from Catholic James II to Protestant William III (1688-89). Appointed Lord Chief Justice by William in 89.

Question 15

How many women did Holt acquit?

Answer 15

Oversaw 11-12 witch trials, acquitted all of them

Question 16

Who did Holt acquit in 1691?

Answer 16

1691: acquitted 2 women accused of bewitching girl who’d fallen ill; recovered despite acquittals

Question 17

Who did Holt acquit in 1694?

Answer 17

• 1694: Reviewed Mother Munnings case

- 1694: Margaret Elnore

Question 18

What was the Mother Munnings case?

Answer 18

1694: Accused of murder by witchcraft. Holt refused to accept charges relating to events from 17yrs b4, refused to accept evidence from man who’d been returning from alehouse when he claimed to have seen her familiar (polecat).

Question 19

Who did Holt acquit in 1695 and 1696?

Answer 19

• 1695: Cornwall: Mary Guy- alleged to have caused possession of local girl.
• 1696: Exeter: Elizabeth Horner accused of causing possession of 3 kids. Witnesses claimed 1 kid seen walking 9ft up wall.

Question 20

What was the Margaret Elnore case?

Answer 20

1694: Mum + granny prev. hanged 4 witchcraft. Accused of possessing familiars given by her granny. Midwife testified Devil’s Mark had been found on her body. Holt dismissed it immediately.

Question 21

What was Holt’s most famous case?

Answer 21

1701: Sarah Murdock; though he acquitted her, he faced fierce opposition from her neighbours as he put the accuser on trial.

Question 22

Before the Murdock case reached Holt, what happened?

Answer 22

B4 case reached him, it was dismissed by assize judge- led to angry mob forming outside Sarah’s house.

Question 23

What happened when the Murdock case reached Holt?

Answer 23

A no. of neighbours testified in defence of accuser, claiming he’d been unable to eat + went temporarily blind after she bewitched him. Nonetheless, Murdock was acquitted.