Maryland Judicial Equality Committee
Salem Witch Trials of 1692
The 1692 Salem Witch Trials: Documents and ParticipantsUpon reviewing the court documents for the accused, a pattern emerged that was consistent throughout the trials. The basis of the judgements are primarily the testimonies of the accusers, i.e. the victim/witness of abuse by witchcraft. The pivotal grounds for the guilty verdicts were the presumed truthfulness of the victim/witnesses. From that presumption the accused was considered to have the ability to commit the act. At that time, it was the politically correct to claim abuse by witchcraft as a community problem. The apparent grounds for the jury and judicial findings against the accused were the perceived feelings and self-inflicted wounds of the victim/witnesses. Additionally, the accused in most cases, were not physically present when the victim/witness claimed the abuse. The victim/witness displayed emotional outbursts and physical manifestations in the presence of the accused indicating their fear of the accused. The court took their fear as confirming evidence of the continuing and potential activity of the accused. The questioning by the prosecutor inferred guilt with repeated requests for a confession. The property of those who were convicted were confiscated and sold. This pattern shows disturbing similarities to the Domestic Violence hearings now 400 years later.
It should be noted that Maryland Law on Domestic Abuse allows a finding of domestic violence if the victim/witness feels threatened and the accused has the ability to commit the alleged act. Under the current practice of law, a person charged with domestic abuse is presumed to have the ability to commit the act. Exparte' requests are granted upon the basis that one has the ability to commit the act coupled with the presumed truthfulness of the statement from the victim/witness. The finding of the hearing seven days later, is also based on the same presumptions. Under the civil rules of evidence, a judgment is made on the probability the accused committed the act, no conclusive proof is necessary. The only reason therefore a person is considered guilty under the Domestic Violence act is that they are accused. The findings of domestic violence are based on the presumption of guilt. This is classic circular reasoning. The victim/witness is given Use & Possession of the residence, custody of the children and child maintenance as a direct result of the hearing.
One may take exception to comparing the excesses of the Salem Witch trials to today's Domestic Violence hearings, based on the content of the charges and our culture's current political climate in the denial of supernatural powers. Today, at the beginning of the twenty-first century, according to our current sensibilities, to say someone could be abused by the use of witchcraft is ridiculous. However, it was the belief (political correctness) of the general public and government officials of that time that one could abuse a person using witchcraft. To the people of seventeenth century culture and the presumptions of the Law at that time, women currently claiming domestic abuse would be seen as equally ridiculous. Today it is politically correct to claim that men are the sole perpetrators of domestic violence, despite evidence to the contrary. That innocent people are convicted by the courts is not without precedent, one needs only to look just in Maryland in the last 10 years. The point of course is that culture and therefore what is politically correct is relative, however, the fair and impartial administration of the Law must be absolute without exception.
When political correctness is allowed to be a substitute for a fair and impartial hearing, the legal system becomes dysfunctional convicting innocent people by trampling their civil rights. Political correctness is nothing more than the public passion of the season, this is why the only ethical and just means to administer the law is a dispassionate consideration. The founding fathers knew first hand how the use of legal slight of hand was used by government and the courts to advance agendas at the expense of individual rights. For this very reason eighty some years later in 1776, as a guide to all generations to come and especially the courts, the Declaration of Independence contains these words, " We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed," Read very carefully the reasons cited afterwards by the founding fathers for the break with Briton. We ignore these words to our peril. Happiness was not a frivolous word chosen by the founding fathers, this was to express everyone's desire to live their lives without interference from governments and courts wishing to micromanage the course of our lives.
Thousands of years ago, the ancient codes, namely Hammurabi's Code (codes 1-3) and Jewish Law (Old Testament) took into account the possibilities of false accusations and guilt by accusation. Both ancient codes required the accuser to prove their case. The punishments for false accusation (malicious witness) had severe penalties.
The murder of twenty people by the courts in Salem Massachusetts in 1692 is a sober reminder of the evil that can occur when our society's passions become a substitute for justice. It should anger us that one person is victimized by another, however, it should anger us with no measure that a court of law should pronounce the innocent guilty to satisfy public passion, for this is an obscenity upon us all. Below are the transcripts of court examinations of selected individuals accused of witchcraft all resulting in the sentence of death most by hanging and one by being pressed to death.
Bridget Bishop Executed, June 10, 1692 Sarah Good Executed July 19, 1692 Elizabeth How Executed July 19, 1692 Susannah Martin Executed July 19, 1692 Rebecca Nurse Executed July 19, 1692 Sarah Wilds Executed July 19, 1692 George Burroughs Executed, August 19, 1692 Martha Carrier Executed, August 19, 1692 George Jacobs, Sr. Executed, August 19, 1692 John Proctor Executed, August 19, 1692 John Willard Executed August 19, 1692 Giles Corey Executed, September 16, 1692 (Pressed to Death) Martha Corey Executed, September 22, 1692 Mary Easty Executed, September 22, 1692 Alice Parker Executed, September 22, 1692 Mary Parker Executed, September 22, 1692 Ann Pudeator Executed, September 22, 1692 Wilmott Reed Executed, September 22, 1692 Margaret Scott Executed, September 22, 1692 Samuel Wardwel1 Executed, September 22, 1692The executions were finally halted by then Governor William Phips who had the courage and conviction of conscience to bring an end to the trials.
Two Letters of Gov. William Phips (1692-1693)The question for our time is, who will have the same conviction and courage to speak out for the hundreds of innocent people falsely convicted in Maryland under the same circumstances by the politically correct thinking of today under the Domestic Violence Act?
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