Select Cases Conscience Touching Witches and Witchcrafts, Question 11
11. Caſe. What puniſhments are Witches worthy of; or may juſtly be inflicted on them.
THat Witches are to be puniſhed is the Law and ſentence of Nature, Reaſon, Policie and Religion. Nature ſayes ſo, becauſe they abuſe her order: Reaſon ſays ſo, becauſe they change her dictates for deluſion: Policy ſayes ſo, becauſe they diſturb her peace: and Religion ſayes ſo, becauſe they pervert her power. Hence have proceeded all thoſe bitter invectives of Heathen & meer naturall men; all thoſe ſolid irrefutations of Learned men & Philoſophers; all thoſe ſevere Edicts of Princes and Magiſtrates; and all thoſe ſharpe cenſures of the Church againſt them.
To pronounce ſentence therefore in a word; a Witch, (a reall ranke Witch) is worthy of all poenalty that can either be inflicted or imagineth More then Temporal, Spirituall and Eternall puniſhment cannot be deviſed; and al theſe are here deſerved.
1. Spirituall puniſhment, even the heavyeſt Anathema, or greateſt Excommunication, Deut. 18. 10. Ezek. 12. 24. Mic. 5. 12. John 12. 31. 1 Cor. 10, 20. 2 Cor. 6. 14, 15, 16. And great reaſon that Witches ſhould firſt be ſpiritually or Eccleſiaſtically puniſhed, 1. Becauſe the ſin of a Witch is (formally conſidered) a meere ſpirituall ſin. 2. Witches primely abnegate and abjure the Churches Faith and fellowſhip: And therefore ſhould firſt of all bee caſt out of their Communion.
3. It is juſt Talion to deliver ſuch up to Satan that have already given themſelves unto him.
2. Temporall puniſhment, Exod. 22. 18. Levit. 20. 27. And the reaſons are, 1. Becauſe the Fact and Effects of witch-craft are Externall, and diſturbing the Civill peace. 2. Witches in joyning Confoederacy with the Devill become profeſt Enemies to all true humane ſociety, and therefore deſerve to be cut off from it. 3. Their toleration is pernicious both to Church and State, not only in regard of their Maleficiating miſchiefes, but alſo of Gods judgments, Iſa. 47. 9. 12. Nahum 3. 4. 2 Kings 23. 26. Conferr'd with 2 King. 21. 6. 4. Becauſe the longer Witches are ſuffered to live, the worſe they are, not onelyonly do more miſchiefe to others, but grow more wicked within themſelves. Humane mercy will never amend them; nor the Devil never forſake them til they fall under the Magiſtrates hand, and if ever they repent it is then, or not at all.
3. Eternal puniſhment, Rev. 21. 8. and 22. 15. And there's Reaſon for that too. 1. It is juſt that they who utterly deny God ſhould be utterly denyed of him. 2. That they who give themſelves to the Devill, and worſhip him; ſhould goe to him, and receive their reward.
But the maine of the Caſe is touching Civill poenalty. And if you ask what particular puniſhment is to bee inflicted? The Scripture ſaith ſtoning, Levit. 20. 27. Authors in their Stories likewiſe ſtore us with Lawes and Preſidents of their hanging, heading, burning, drowning, fleaing off their ſkinnes, breaking upon the wheel, caſting down headlong from ſteepe hills and Rockes, cutting theirh troats, preſſing, racking, beating with ſtripes, braining with clubbs, baniſhment, impriſonmēt, degradation, privation of office, forfeitur of eſtate, &c. Thus thought they no puniſhment enough for Witches. All which Inflictions, Witches (abſolute witches) may be well worthy of. But God forbid they ſhould be thus puniſhed for Witches; that indeed are no Witches. For ſo Innocent blood may be brought upon a Land. Yet I ſpeak not this, as if ſome who are Impoſtors only, or but coū feit Witches (as Juglers, Gypſies, fortune-tellers, Figure-caſters, Wizzards, Conjurers, Calculaters of Nativities, with falſe prophets and Prognoſticators, that preſume to preſage what Changes ſhall be either in Church or State, ſhould be unpuniſhed. But that true and reall Witches ſhould bee truly and really puniſhed, to true and real intents. And that Magiſtrates and men in place, may wiſely and juſtly preſerve and diſcharge a good conſcience, and do no otherwiſe (in this Caſe) then as Joſiah did, 2 King. 23. 24. Where note, 1. His wiſedome in diſcerning; They were ſpyed out in the Land: A word noting perſpection, and circumſpection; and that both of the mind and ſenſes. Shewing how both the internall and externall powers of diſcerning ſhould bee employed, and weighing both the Abſtruſe Myſterie; and more palpable materiall Circumſtances thereof. 2. His Integrity or ſincerity. That he might perform the words of the law, &c. Looking at nothing more then the honour of God, the juſtice of the Law, the Trueth of the Church, and the peace of the Common-wealth. But to take heed of doing (in ſuch a Caſe) as Saul did, 1 Sam. 28. 3. who may well be deemed now to have done al ſmiſterly. 1. Becauſe if the Intention of his heart had been right to cut them off; then doubtleſſe had it not been ſo ſoon diſpoſed to conſult with them. 2. It is ſurmized hee lookt onelyonly at his owne private ſufferance by ſuch, 1 Sam. 16. 14. and not at the Law of GOD or publique good. 3. The Jewiſh Rabbines ſay that hee did it enviouſly. Becauſe the Diviners alſo foretold of his Ejection from the Kingdome, and of Davids Election therunto. And ſomething is obſervable to ſuch a purpoſe, in that Samuels death, and the Witches execution are mentioned both rogether. Noting hee forbare to execute his malice upon them while Samuel liv'd. Becauſe Samuel (a Prophet of the Lord) had alſo foretold the ſame. 4. Some learned Proteſtants are of opinion that under pretext of Witches Saul now ſlew the Gibeonites, for which the judgment followed, 2 Sam. 21. 1. Neither indeed want we the ſtoryed Examples of GODS Judgements upon thoſe that defamed, proſecuted, and executed them for Witches, that indeed were none.
Wherefore I make bold to propoſe here theſe Cautionary Quaeries to bee conſidered, 1. Whether all kinds of Witches are to bee puniſhed with one kind of puniſhmēt? And hereto I anſwer vulgarly at firſt hearing, God forbid. And doe confeſſe further, that I have read divers Laws cited for divers degrees of Mulcts & poenalties. Whereto I may adde alſo our owne Statute Law in that behalf wherein (in my poor judgment) ſeverall kindes and meaſures of poenalties are well Enacted againſt ſeveral kinds and degrees of Witches. And I could wiſh with all my heart, that in the execution it were but ſo ſctrictly obſerved, as in the Law it ſelfe is wiſely provided.
2. Whether a Witch is to be puniſhed capitally for the Pact or for the Fact of witchcraft? I know ſome (both Papiſts and Proteſtants) that are eager for denouncing upon the Pact alone, without any Fact done. And would have Witches cut off (as men kill Serpents) before they have once ſtung or poyſon'd any. But (under correction of better judgments) I am bold alſo to pronounce my opinion. That although the meere Pact bee mortall before God: yet neither the Pact without the Fact; nor the Fact without the Pact, is to be Capitall before men. 1. Not the Pact without the Fact. For ſo it is not onelyonly a meer ſpirituall ſinne, a meer ſinne of thought; but may be a meer Dreame or Deluſion. Neither do I beleive there was ever in any a reall pact, without a reall Fact. For the Devill does not now Confederate for nothing; nor will hee ſuffer his Aſſociate to be idle. Neither is the Covenant, but for the Arts ſake; nor the Art, but for the Practiſe. Neither yet can a Pact be well ſuſpected, or prooved but by ſome kind of Fact. The Witch of Endor, 1 Sam. 28. was ſo Notoriouſly known to bee a Pacted Witch. that Sauls Servantscould tell him of her, at firſt aſking, and of the Familiar Spirit ſhee had, verſ. 7. yet does ſhee onelyonly plead againſt Saul, for alluring her to the Fact, and ſo ſubjecting her to the penalty of the Law, ver. 9. which plainly declares that the Actor pleaded and the Guilty apprehended their Obnoxiouſnes to the penalty of that Law from the FACT, and not from the Pact alone. 2. Not for the Fact, without the Pact. For then it is to bee conceived and Cenſured as the Effect of ſome other ſinne or Crime, and not formally of Witchcraft…. A parent (like as Witches uſe) curſes his Child, and God ſayes A men to it. Hereupon the Child is obſeſſed, or ſtrangely handled (peradventur periſhes, a thing of two common Example) But what? muſt the Parent hang for the Malefice? no; and why? Becauſe here is onelyonly the Factor Effect without the Pact.
3. Whether the Implicite Compact be lyable to the like poenalty as the Explicite? An Implicite Covenant is ſolely in the Faith and aſſent, now prodigious Effects may follow without any other Familiarity. And whether Familiarity ſo far forth as inviſible Faith & Aſſent, be Felony, it is not in me to determine. Only I deſire to be ſatiſfyed what difference is between this, and the Faith and Aſſent in every deeply malitious ſinne? For that likewiſe Implicitly makes a malignant Covenant with the Devill. Eſa. 28. 15. Me… thinkes there ſhould bee ſome Differences made betweene them; and that very Demonſtratively. I have labored to Excogitate them, but finde it Difficult to ſet them ſo really Diſparate and diſtinct as I would, in Affection, Intention Operation. For to me there appears in all ſomething of the ſame Corruption. And this very difficulty tells my Conſcience what a wary diſcerning ſhould here be for Cenſure and Poenalty. Nevertheleſſe I do not judg thoſe, that ſhall proceed to judge them, upon a clearer diſtinguiſhing and diſcerning.
4. Whether one addicted to the ſpeculative way onelyonly ought to incurre the ſame poenalty with the operative Witches? I am not of thoſe that contend for the lawfulneſſe of Magical ſcience. Becauſe I cannot reach (in my judgement) to conceive, how it can be preſerved (by ſuch as wade too far into it) in the pure Naturalls: but muſt needs (what through Ignorance or Arroganee) bee polluted and deprav'd with ſome kind of deluſions diabolicall. Notwithſtanding doe I not reprove the knowledge of theſe things altogether. Leſt I might reprove Moſes and Daniel, Acts 7. 22. Daniel, 17. 20. Who knew them not to uſe or practiſe them; But to detect, and refute them: or knew them to the perfection of the underſtanding, not to the depravation of the Will. Yet doe I thinke thoſe worthy to bee reprehended that ſhall affect, commend or promote this ſtudie, (A ſtudie as the moſt difficult, ſo the moſt uſeleſſe) yea and to be cenſured too. But nevertheleſſe not like the Operative that have hereby wrought miſchiefe or offence to the diſturbance of peace and truth, in the Church and State. Unleſſe laying aſide all Scrutiny and Contemplation as touching the Mirables of Nature, their SpeSpeculation be of Diabolicall Magicke only: in Contemplating and muſing of (I cannot tell what) Compact, Conventicles, Rites, Sacrifices, Invocations, Conjuratiōs, Charms, Spells, Characters, Figures, Circles, Barbariſmes of words, Prodigies of Fact, &c. Admiring, adoring, boaſting, commending, teaching, &c. Theſe (as Maſters and Profeſſors in witchcrafts) I thinke worthy moſt puniſhment of all.
5. Whether a Paſſive witch be to be puniſhed by the Law as well as an Active? How extreame were it therfore to ſuffer from men; becauſe they ſuffer from the Devil? Can his … cruciation be a ſufficient Cauſe for our Execution? I conceive the meerly paſſive therefore are here to be exempted. Becauſe though the Devil works by them, yet it is without them, yea & oft times againſt them. Nevertheleſſe the mixtly paſſive, may be diſtinguiſhed from thoſe who are leſſe to be pitied or ſpared becauſe though they may now be ſomwhat paſſive, and the Devill (as it were) forcing them to malefice or miſchiefe; yet they firſt were Active, and freely gave their conſent ſo to do.
6. Whether a Witches own Confeſſion bee ſufficient to hang her? I cannot ſee (in the maine) but a Witch may bee eondemned out of her owne mouth as well as any other Malefactor. For her owne mouth can ſpeake, her owne guilt beſt, and may not amiſſe be taken for a right diſcovery of her own Conſcience. Nor doth her Sexe any whit invalidher own teſtimonie againſt her ſelf. Nevertheleſs it would be wel conſidered whether ſhe was forced to it, terrified, allured, or otherwiſe deluded. And withall, if in her owne mind and perfect ſenſes; If not out of ſome Melancholy humour or diſcontentment working to ſay any thing through tediouſneſſe of life; If her Becollection or recantation may not ſtand with more probability if they be not meer impoſſibilities whereof not a Circumſtance tending to ſuch a matter, can bee made to appear. But it matters not much, though ſhee talke of never ſo many monſtrous or ridiculous Deluſions or abſurdities, (for the Devills Actions are now to be admitted for no leſſe) if ſo be ſome Reality of depraved Affections, Intentions, or Effects may be obſerved therein.
7 Whether a Iury may with a ſafe Conſcience give up their Verdict in finding ſuch or ſuch an one for a witch? Doubtles it may be done. For whatſoever ſinne or Crime is puniſhable before men, is alſo Convincible by men. Otherwiſe all Lawes againſt them were to no Effect. For the Law is not to be Executed before the Sentence bee pronounced; nor ought that to be before Conviction. Neither is it requiſite that ſo palpable Evidence for Conviction ſhould here come in, as in other more ſenſible matters. It is enough if there be but ſo much Circumſtantiall proofe or evidence; as the Subſtance, matter, and Nature of ſuch an Abſtruſe myſtery of Iniquitie will well admit. But withall I could wiſh that theſe Twelve good men and True, were not Impannelled of ordinary Country People: but of the moſt Eminent Phyſitians, Lawyers and Divines, that a Country could afford.
8 What if there be no ſuch maine Evidence againſt Witches; Are they therefore to be Tolerated or to Eſcape? Some are of opinion that a ſtrong Preſumption is enough to cut them off: but that were a ſtrōg Preſumption indeed; others, that it is good to hang thē out of the way however for terror and Examples ſake: A terrible thing indeed, to make them Examples in the Puniſhment that are not yet fully found to be Examples in the offence. Others would have it done and it be but for their repentance and Converſion. Becauſe (ſay they) Witches will never thinke of Repenting till they come to the Gallowes. Were it ſo, it were then happy for the Wretches; But ſay it were ſo, Gods mercy excuſes not mans Injuſtice, but aggravates it. In my mind therefore this is ſafeſt, and ſatiſfactory; where God hath denyed man full evidence, it is not for mans Iuſtice to fall to Execution of vengeance: Nor is that to be called Tolleration where Conviction is wanting. This is plain in more ſenſible Caſes (as of Murther, Theft &c.) where the Law proceeds not (though upō never ſo ſtrong Preſumptions) for want of Plenary and particular Evidence; and why not here ſith it is a Matter more occult? And if it remaynes ſo occult, as not to come within a Legal conviction; it is a ſigne God hath reſerved ſuch for his owne Iuſtice and Vengeance which all their devilliſh Darkneſſe ſhall not be able to elude, Malac. 3. 5. Hee will draw neare to their Iudgment though they think themſelves never ſo far from mans. He will be a ſwift Witneſſe againſt them, when mans is either ſlow or inſufficient.