III. If a Fellow-Witch, or Magician, give Testimony of any Person to be a Witch; this indeed is not sufficient for Condemnation; but it is a fit Presumption to cause a straight Examination.
IV. If after Cursing there follow Death, or at least some mischief: for Witches are wont to practise their mischievous Facts by Cursing and Banning: This also is a sufficient matter of Examination, tho' not of Conviction.
V. If after Enmity, Quarrelling, or Threatning, a present mischief does follow; that also is a great Presumption.
[15] VI. If the Party suspected be the Son or Daughter, the man-servant or maid-servant, the Familiar Friend, near Neighbor, or old Companion, of a known and convicted Witch; this may be likewise a Presumption; for Witchcraft is an Art that may be learned, and conveyed from man to man.
VII. Some add this for a Presumption: If the Party suspected be found to have the Devil's mark; for it is commonly thought, when the Devil makes his Covenant with them, he alwaies leaves his mark behind them, whereby he knows them for his own:—a mark whereof no evident Reason in Nature can be given.
VIII. Lastly, If the party examined be Unconstant, or contrary to himself, in his deliberate Answers, it argueth a Guilty Conscience, which stops the freedom of Utterance. And yet there are causes of Astonishment, which may befal the Good, as well as the Bad.
IX. But then there is a Conviction, discovering the Witch, which must proceed from just and sufficient proofs, and not from bare presumptions.
X. Scratching of the suspected party, and Recovery thereupon, with several other such weak Proofs; as also, the fleeting of the suspected Party, thrown upon the Water; these Proofs are so far from being sufficient, that some of them are, after a sort, practices of Witchcraft.
XI. The Testimony of some Wizzard, tho' offering to shew the Witches Face in a Glass: This, I grant, may be a good Presumption, to cause a strait Examination; but a sufficient Proof of Conviction it cannot be. If the Devil tell the Grand Jury, that the person in question is a Witch, and offers withal to confirm the same by Oath, should the Inquest receive his Oath or Accusation to condemn the man? Assuredly no. And yet, that is as much as the Testimony of another Wizzard, who only by the Devil's help reveals the Witch.
XII. If a man, being dangerously sick, and like to dy, upon Suspicion, will take it on his Death, that such an one hath bewitched him, it is an Allegation of the same nature, which may move the Judge to examine the Party, but it is of no moment for Conviction.
XIII. Among the sufficient means of Conviction, the first is, the free and voluntary Confession of the Crime, made by the party suspected and accused, after Examination. I say not, that a bare confession is sufficient, but a Confession after due Examination, taken upon pregnant presumptions. What needs now more witness or further Enquiry?
XIV. There is a second sufficient Conviction, by the Testimony of two Witnesses, of good and honest Report, avouching before the Magistrate, upon their own Knowledge, the two things: either that the party accused hath made a League with the Devil, or hath done some known practices of witchcraft. And, all Arguments that do necessarily prove either of these, being brought by two sufficient Witnesses, are of force fully to convince the party suspected.
XV. If it can be proved, that the party suspected hath called upon the Devil, or desired his Help, this is a pregnant proof of a League formerly made between them.
XVI. If it can be proved, that the party hath entertained a Familiar Spirit, and had Conference with it, in the likeness of some visible Creatures; here is Evidence of witchcraft.
XVII. If the witnesses affirm upon Oath, that the suspected person hath done any action or work which necessarily infers a Covenant made, as, that he hath used En-[16]chantments, divined things before they come to pass, and that peremptorily, raised Tempests, caused the Form of a dead man to appear; it proveth sufficiently, that he or she is a Witch.[72] This is the Substance of Mr. Perkins.
'Take next the Sum of Mr. Gaules[73] Judgment about the Detection of Witches. 1. Some Tokens for the Trial of Witches are altogether unwarrantable. Suchare the old Paganish Sign, the Witches Long Eyes; the Tradition of Witches not weeping; the casting of the Witch into the Water, with Thumbs and Toes ty'd a-cross. And many more such Marks, which if they are to know a Witch by, certainly 'tis no other Witch, but the User of them. 2. There are some Tokens for the Trial of Witches, more probable, and yet not so certain as to afford Conviction. Such are strong and long Suspicion: Suspected Ancestors, some appearance of Fact, the Corps bleeding upon the Witches touch, the Testimony of the Party bewitched, the supposed Witches unusual Bodily marks, the Witches usual Cursing and Banning, the Witches lewd and naughty kind of Life. 3. Some Signs there are of a Witch, more certain and infallible. As, firstly, Declining of Judicature, or faultering, faulty, unconstant, and contrary Answers, upon judicial and deliberate examination. Secondly, When upon due Enquiry into a person's Faith and Manners, there are found all or most of the Causes which produce Witchcraft, namely, God forsaking, Satan invading, particular Sins disposing; and lastly, a compact compleating all. Thirdly, The Witches free Confession, together with full Evidence of the Fact. Confession without Fact may be a meer Delusion, and Fact without Confession may be a meer Accident. 4thly, The semblable Gestures and Actions of suspected Witches, with the comparable Expressions of Affections, which in all Witches have been observ'd and found very much alike. Fifthly, The Testimony of the Party bewitched, whether pining or dying, together with the joynt Oaths of sufficient persons, that have seen certain prodigious Pranks or Feats, wrought by the Party accused. 4. Among the most unhappy circumstances to convict a Witch, one is, a maligning and oppugning the Word, Work, and Worship of God, and by any extraordinary sign seeking to seduce any from it. See Deut. 13. 1, 2, Mat. 24. 24. Act. 13. 8, 10. 2 Tim. 3. 8. Do but mark well the places, and for this very Property (of thus opposing and perverting) they are all there concluded arrant and absolute Witches. 5. It is not requisite, that so palpable Evidence of Conviction should here come in, as in other more sensible matters; 'tis enough, if there be but so much circumstantial Proof or Evidence, as the Substance, Matter, and Nature of such an abstruse Mystery of Iniquity will well admit. [I suppose he means, that whereas in other Crimes we look for more direct proofs, in this there is a greater use of consequential ones.] 'But I could heartily wish, that the Juries were empanell'd of the most eminent Physicians, Lawyers, and Divines that a Country could afford. In the mean time 'tis not to be called a Toleration, if Witches escape, where Conviction is wanting. To this purpose our Gaule.'
I will transcribe a little from one Author more, 'tis the Judicious Bernard of Batcomb,[74] who in his Guide to grand Jurymen, after he has mention'd several things that are shrewd Presumptions of a Witch, proceeds to such things as are the Convictions of such an one. And he says, 'A witch in league with the Devil is convicted by [1][75] these Evidences; I. By a witches Mark; which is on the Baser sort of Witches; and this, by the Devils either Sucking or Touching of them. Tertullian says, It is the Devils custome to mark his. And note, That this mark is Insensible, and being prick'd it will not Bleed. Sometimes, its like a Teate; sometimes but a Blewish Spot; sometimes a Red one; and sometimes the flesh Sunk: but the Witches do sometimes cover them. II. By the Witches Words. As when they have been heard calling on, speaking to, or Talking of their Familiars; or, when they have been heard Telling of Hurt they have done to man or beast: Or when they have been heard Threatning of such Hurt; Or