Note 68 — Introduction.

The author has already stated that the court chiefly relied on the decisions of Sir Matthew Hale, and the authorities of Keble, Dalton and other lawyers of note who lay down “rules of conviction as absurd as any ever adopted in New-England.” These illegal methods of procedure the judges certainly did not receive from the clergy, or from Perkins and Bernard, the clerical authorities recommended to them. Lord Campbell brings similar charges against Sir Matthew Hale, in connection with the Bury St. Edmund’s trial. He says, “he violated the plainest rules of justice, and really was the murderer of two innocent women.... I would very readily have pardoned him for an undoubted belief in witchcraft, and I should have considered that this belief detracted little from his character for discernment and humanity.... There not only was no evidence against them which ought to have weighed in the mind of any reasonable man who believed in witchcraft; but during the trial the imposture practised by the prosecutors was detected and exposed. The enormous violation of justice then perpetrated has become more revolting as the mists of ignorance, which partly covered it, have been dispersed.” (Lives of the Chief Justices, vol. i. p. 561, 563.)

P.