III. Jacob. Jans, A.D. 1643 (a). Quidam Suffridus Wiggeri dimicaverat cum alio, cui nomen Jacob. Jans; illo penès se non habente cultrum; Jacobus aliquoties Suffridum suo cultro impetierat: donec à circumstantibus ei culter extortus est, cum nemo Suffridum vidisset aut sciret esse percussum. Is exinde in eodem loco per integram ferè horam sederat in scamno quodam, nullâ de vulnere querelâ. Deinde egressus mox rediit, pileum tenens refertum suis intestinis, nec multo post extinctus est, nullâ cum alio pugnâ rixâve habitâ. Moribundus aiebat, à Jacobo se vulneratum, & hic, objectantibus quibusdam vulnus Suffrido inflictum, responderat aliis quidem, non esse tam grave vulnus; aliàs tacuerat. Post mortem Suffridi, Jacobus accusatus negabat factum; probabat etiam, Suffridum aliquot septimanis antè, cum apud secretum vincula femoralium solvere non posset, cultro illa diffindere conatum esse, tam imprudenter, ut parum abesset quin cultrum ventri impegisset. Hoc non erat impossibile, quo minus & tunc evenire potuisset; Curia tamen factum peremptorium non exactè probatum adeo circumstantiis undique pressum judicavit, ut non dubitaverit Jacobum, etsi necdum annos XX natum, omissâ questione, capitali addicere supplicio. This case has been inserted as illustrative of the views of the civilians, at least those of the Dutch school, on the subject of presumptive proof in criminal proceedings. It has been selected from others for the reason, that notwithstanding the antiquity of the case and the source whence it is taken, no evidence not receivable by the English law, as it stands at the present day, appears to have been adduced. For other instances of convictions on purely presumptive evidence, see the cases of Richard Patch, Surrey Sp. Ass. 1806 (Report by Gurney); of F. B. Courvoisier, Sessions Papers of the Cent. Cr. Court for July, 1840; of John Tawell, Aylesbury Sp. Ass. 1845, Wills, Circ. Evid. 198, 3rd ed.; and those of W. Howe, alias Wood, id. 234; and Smith and others, id. 237. (a) Huberus, Prælectiones Juris Civilis, lib. 22, tit. 3, N. 4. No. 3. CONFESSIONS OF WITCHCRAFT. As a specimen of the confessions of witchcraft in the 17th century, we subjoin the examinations of two of the Essex witches in 1645, which purport to have been taken before Sir Harbottell Grimston, Knt. and Baronet, one of the members of the Hon. the House of Commons, and Sir Thomas Bowes, Knt., another of his majesty's justices of the peace for that county (a). "The examination of Anne Cate, alias Maidenhead, of Much Holland, in the county aforesaid, at Mannintree, 9th May, 1645. "This examinant saith that she hath four familiars, which she had from her mother about two and twenty years since; and that the names of the said imps are, James, Prickeare, Robyn, and Sparrow; and that three of these imps are like mouses, and the fourth like a sparrow, which she called Sparrow: to whomsoever she sent the said imp Sparrow, it killed them presently and that, first of all, she sent one of her three imps like mouses, to nip the knee of one Robert Freeman, of Little Clacton, in the county of Essex aforesaid, whom the said imp did so lame that he died on that lameness within half a year after: that she sent the said imp Prickeare to kill the daughter of John Rawlins, of Much Holland aforesaid, who died accordingly within a short time after; and that she sent her said imp Prickeare to the house of one John Tillet, which did suddenly kill the said Tillet: that she sent her said imp Sparrow to kill the child of one George Parby, of Much Holland aforesaid, which child the said imp did presently kill; and that the offence this examinant took against the said George Parby, to kill his said child, was because the wife of the said Parby denied to give this examinant a pint of milk that she sent her said imp Sparrow to the house of Samuel Ray, which, in a very short time, did kill the wife of the said Samuel; and that the cause of this examinant's malice against the said woman was because she refused to pay to this examinant twopence, which she challenged to be due to her; and that afterwards her said imp Sparrow killed the said (a) 4 How. State Trials, pp. 817 et seq. child of the said Samuel Ray. And this examinant confesseth, that, as soon as she had received the said four imps from her said mother, the said imps spake to this examinant, and told her she must deny God and Christ, which this examinant did then assent to (a)." The confession of Rebecca West, taken before the said justices, 21st March, 1645:—“ This examinant saith, that, about a month since, Anne Leach, Elizabeth Gooding, Hellen Clark, Anne West, and this examinant, met altogether at the house of Elizabeth Clark, in Mannyntree, where they together spent some time in praying unto their familiars, and every one of them went to prayers: afterwards some of them read in a book, the book being Elizabeth Clark's and this examinant saith, that forthwith their familiars appeared, and every one of them made their several propositions to those familiars, what every one of them desired to have effected: that, first of all, the said Elizabeth Clark desired of her spirit that Mr. Edwards might be met withal, about the middle bridge, as he should be come riding from Eastberry hoult, in Surrey; that his horse might be scared, and he thrown down, and never rise again : that the said Elizabeth Gooding desired of her spirit, that she might be avenged on Robert Tayler's horse, for that the said Robert suspected said Elizabeth Gooding for the killing of a horse of the said Robert formerly: that the said Hellen Clark desired of her spirit, that she might be revenged on two hogs in Misleystreet (being the place where the said Hellen lived), one of the hogs to die presently, and the other to be taken lame: that Anne Leach desired of her spirit that a cow might be taken lame of a man's living in Mannyntree, but the name of the man this examinant cannot remember: that the said Anne West, this examinant's mother, desired of her spirit that she might be freed from all her enemies, and have no trouble. And this examinant saith, that she desired of her spirit that she might be revenged on Prudence, the wife of Thomas Hart, and that the said Prudence might be taken lame on her right side. And, lastly, this examinant saith, that, having thus done, this examinant and the other five did appoint the next meeting to be at the said Elizabeth Gooding's house, and so departed all to their own houses (b).” (a) 4 Howell's State Trials, p. 856. (b) lb. p. 840. INDEX. ABDUCTION, The female a competent witness, though married to the accused, 227. Presumption of death from, 477. ABUSES, Of judicial evidence, 76. Of artificial presumptions, 44, 398. Of the principle of incompetency, 69–72, 171. ACCIDENT, An infirmative hypothesis affecting real evidence, 258. Evidence of, 182, 220-223, 605. ACCUSED PERSONS, Presumed innocent, 413. May make statements in their defence, 600, 711. ACTING in public capacity, presumption from, 407, 422, 568. Judicial evidence a branch of, 91. Comes to perfection later than substantive law, 153. ADMISSIBILITY OF EVIDENCE, Distinction between, and weight of, 94. Matter of law, 94. To be decided by the Court, 94, 96. General rule respecting,―the best evidence must be adduced, 94. See BEST EVIDENCE. ADMISSIONS, By parties to a suit-See SELF-REGARDING EVIDENCE. Of documents for the purposes of cause, 726-729. ADULTERY, Proof of, 505. An actual marriage must be proved, 417. Parties not competent witnesses in, 225. In the canon law not proveable by confession alone, 505. AFFIRMATIVE, Facts, 10. The only real ones, 10. AFFIRMATIVE (continued.) Onus of proving lies on the party who asserts, 331, 335. Evidence better than negative, 336. AGENT, Admissions by, 611. Cannot delegate his authority, 611. Communications to, when privileged from disclosure, 689. ALIBI, When true, the most complete of all defences, 414. A favourite defence with guilty persons, 741. ALLEGANS SUAM TURPITUDINEM (OR SUUM CRIMEN) NON EST AUDIENDUS, A maxim of the civil law, 622. But not of the common law, 622 – 626. ALMANACK, 321. AMBIGUITY, Latent and patent ambiguities, 284–288. Avoids judgments, verdicts, and awards, 700. Distinguished from unintelligibility and inaccuracy, 287. AMBIGUOUS instruments and acts construed to have a lawful meaning, 414. ANCIENT, Documents, admissible to prove handwriting, 303. Possession, proveable by derivative evidence, 576. ANTECEDENT conduct or position of accused, Presumptions of guilt from, 517. APPOINTMENT of public officers, Presumption of due, 407, 422, 568. APPROVERS, 220-223. ARBITRATORS, Bound by the legal rules of evidence, 118. ARTIFICIAL, Legal conviction, 77. Presumptions, 44, 379, 397, 398. ATHEISM, A ground of incompetency to give evidence, 212. ATTENDANCE OF WITNESSES, Exceptions to rule requiring the, 124–132. ATTORNEY, A competent witness, 236. Communications to, privileged from disclosure, 56, 689. May reply, though no evidence given by the other side, 706. AUTOGRAPH, 295. |