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Unlike Eunice, Jane had the protection of her husband, who was, in the early days of Portsmouth, an important man in town. Since most accusations of witchcraft were made against women and women had very little status in the 17th century, a woman without a man to stand up for her was more likely to end up in trouble. Plus, Jane’s accuser was known to be “quarrelsome,” the kind of woman who might herself be vulnerable to a witchcraft accusation.
Today, this might be interpreted as a skin tag, mole, or another sign of aging, but in the 1600s, a witch s mark was the place where an animal familiar fed on a witch s blood. During one of her punishments, in which she was publicly whipped, the constable saw a blue thing like unto a teat hanging downward about three quarters of an inch long not very thick.
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How the Salem Witch Trials Influenced the American Legal System
Those accused lacked basic legal protections, including the premise that one was innocent until proven guilty.
Updated: June 29, 2023 | Original: October 4, 2021
MPI/Getty ImagesIn early 1692, several girls in the colonial Massachusetts village of Salem began exhibiting strange symptoms, including twitching, barking, and complaining of being pinched or pricked by invisible pins. The afflicted girls soon accused several local women of bewitching them, beginning a flood of accusations that threw Salem and the surrounding areas into full-blown hysteria.
The trials that ensued became a cautionary tale as the accused lacked many of the legal protections we take for granted today.
Salem Witch TrialsBy the time William Phips, the newly appointed royal governor of Massachusetts Bay Province, arrived from England that May, accused witches packed local jails. At the time, the colony was operating without a charter, since the Crown had revoked the previous one due to repeated violations. Phips brought with him a new royal charter that gave the colony’s legislature the right to establish a court. But the process would take time, and Phips had to act quickly.
In a fateful decision, Governor Phips created a special court to try the accused witches of Salem. It was known as the Court of Oyer and Terminer, meaning “to hear and determine” in the Old Northern French that was still standard in English courts at the time. While remnants of this legal language still endure in the modern American legal system —the phrase “oyez, oyez, oyez” begins proceedings in the U.S. Supreme Court, among others—the Court of Oyer and Terminer bore little resemblance to the courts we know today.
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