Judicial System
The judicial system in Salem, Massachusetts was faced with a pressing matter in 1692 that would both challenge, and disclose the gender roles of the time. When accusations of witchcraft began, it was not an issue that quickly tired itself out. What started with a few girls’ accusations of witchcraft quickly spread through Salem and out to surrounding villages until multiple men, women, and even children were accused of performing acts of witchcraft. According to Brian Levack’s book, The Witchcraft Sourcebook, a total of 164 individuals were formally accused, and a special criminal court was set up in town to try them (220). A central aspect of the court was that it was comprised mainly of powerful, religious men with authority. This was an important piece of the trials seeing as mostly women were accused of being witches, and women of the puritan era of the times were considered lesser to men. Their duties consisted of mainly housework, taking care of the children, and serving their husbands (Women in Puritan Society, Fogle). As accusations of these women continued to flow into the courts, their fates were left up to those powerful men, whom society had deemed more reputable.
Unlike prior cases of witchcraft that had taken place outside of Salem, a change had occurred in the courtroom during the pressing times in 1692 when the devils name was in play- a topic not taken lightly by puritans. Women who had previously been deprived of any political or judicial authority were suddenly taken for their word, and their testimonies had the power to end lives and disrupt the entire community only because it was given credibility by powerful male authority figures (Carlson, 97). A flawed justice system was being revealed as people could be pardoned from death by simply giving the courts names of others who could be participating in witchcraft (Foner, 110). This system led to an ever-growing amount of accusations with no reason behind them. If the accused denied practicing witchcraft, then the jury would rule that person guilty, and the “witch” was sentenced to be hanged (Levack, 220). This power that the judges possessed was shown in an important figure of the time- Judge John Hathorne. Hathorne practiced unusual and unethical ways of judgeship. As Diane E. Foulds stated in her text: Death In Salem, “Hathorne’s haste in convicting the detainees, and his refusal to reconsider a verdict even after major witnesses had recanted their testimony, has left some historians wondering if he wasn’t profiting materially from his victims’ demise.” (195).
One of Hathorne's most remembered trials for his unethical methods is that of Rebecca Nurse. Rebecca vowed she was innocent. She even received petitions from numerous friends, neighbors and family members testifying to her innocence. (Rosenthal, 91) The jury originally gave a "not guilty" verdict, but was told to reconsider under Hathorne, which led to a verdict of “guilty.” Governor Phips pardoned her, but was later persuaded to reverse his decision by several men from Salem. (Foulds, 235) This was proof of the power that men possessed in Salem, enough so to turn over a court ruling and bring an innocent girl to her death, and determine the fate of many other citizens in Salem, Massachusetts.
Carlson, Laurie. A Fever in Salem. Chicago: Ivan Dee, 1999.
Foulds, Diane. Death in Salem: The Private Lives Behind the 1692 Witch Hunt. Globe Pequot Press, 2013.
Fogle, Mary. " Women in Puritan Society." Education Portal. Education Portal, 2003. < http://education-portal.com/academy/lesson/women-in-puritan-society-roles-rights.html#lesson>
Levack, Brian. The Witchcraft Sourcebook. Rutledge, 2003.
Rosenthal, Bernard. Salem Story. Cambridge: Cambridge University Press, 1999
Picture: http://historyofmassachusetts.org/the-petition-to-free-rebecca-nurse/. Date Accessed: 4-7-14
Unlike prior cases of witchcraft that had taken place outside of Salem, a change had occurred in the courtroom during the pressing times in 1692 when the devils name was in play- a topic not taken lightly by puritans. Women who had previously been deprived of any political or judicial authority were suddenly taken for their word, and their testimonies had the power to end lives and disrupt the entire community only because it was given credibility by powerful male authority figures (Carlson, 97). A flawed justice system was being revealed as people could be pardoned from death by simply giving the courts names of others who could be participating in witchcraft (Foner, 110). This system led to an ever-growing amount of accusations with no reason behind them. If the accused denied practicing witchcraft, then the jury would rule that person guilty, and the “witch” was sentenced to be hanged (Levack, 220). This power that the judges possessed was shown in an important figure of the time- Judge John Hathorne. Hathorne practiced unusual and unethical ways of judgeship. As Diane E. Foulds stated in her text: Death In Salem, “Hathorne’s haste in convicting the detainees, and his refusal to reconsider a verdict even after major witnesses had recanted their testimony, has left some historians wondering if he wasn’t profiting materially from his victims’ demise.” (195).
One of Hathorne's most remembered trials for his unethical methods is that of Rebecca Nurse. Rebecca vowed she was innocent. She even received petitions from numerous friends, neighbors and family members testifying to her innocence. (Rosenthal, 91) The jury originally gave a "not guilty" verdict, but was told to reconsider under Hathorne, which led to a verdict of “guilty.” Governor Phips pardoned her, but was later persuaded to reverse his decision by several men from Salem. (Foulds, 235) This was proof of the power that men possessed in Salem, enough so to turn over a court ruling and bring an innocent girl to her death, and determine the fate of many other citizens in Salem, Massachusetts.
Carlson, Laurie. A Fever in Salem. Chicago: Ivan Dee, 1999.
Foulds, Diane. Death in Salem: The Private Lives Behind the 1692 Witch Hunt. Globe Pequot Press, 2013.
Fogle, Mary. " Women in Puritan Society." Education Portal. Education Portal, 2003. < http://education-portal.com/academy/lesson/women-in-puritan-society-roles-rights.html#lesson>
Levack, Brian. The Witchcraft Sourcebook. Rutledge, 2003.
Rosenthal, Bernard. Salem Story. Cambridge: Cambridge University Press, 1999
Picture: http://historyofmassachusetts.org/the-petition-to-free-rebecca-nurse/. Date Accessed: 4-7-14