Breadth Study Part 2: Judicial Scepticism

What did George Mackenzie publish and why was it significant?

*‘Lawes and Customes of Scotland in Matters Criminal’*

* published in 1678
* Didn’t question existence of witchcraft but that the accused were not genuine.
* Critical of judges and improper legal practice

What was the impact of George Mackenzie?

His work contributed to a steep decline in witchcraft cases being heard in court because he would throw out any cases with evidence of foul play or torture.

Who was John Holt?

* Mentioned in Francis Hutchinson’s ‘An Hitsorical Essay Concenring Witchcarft’
* Oversaw 11/12 trials, each resulting in the accused being acquitted.

John Holt and Mother Munnings (1694)

* MM was **accused of causing death** in Bury St Edmunds
* Yet charges were in relation to an incident from **17 years previously**
* Witness was drunk and claimed to have seen Munning’s familiar in the **form of a pole cat.**

John Holt and Sarah Murdock (1701)

* Hathaway claimed he could not eat and suffered from temporary blindness after being bewitched. Neighbours rallied around him.
* Assize judge had dismissed the case before it even reached Holt.
* Holt was prepared to put *Hathaway* on trial and this demonstrates the extent of his scepticism

John Holt and Margaret Elnore (1964)

From a family of convicted witches, accused of possessing familiars that her grandma gave her.

* midwife testified that a devil’s mark had been found and Holt dismissed the case immediately.