Tag: Sarah Cloyce

By Posted on Posted in History Tagged with , , , , , , , , , , , , ,

While researching Thomas Danforth (1623-1699), I discovered Paige’s History of Cambridge and Hutchinson’s Witchcraft Delusion of 1692 quoted from Samuel Sewall’s Diary on Danforth’s illness, death, and burial. Sewall visited Danforth on 28 October 1699 and recorded in his diary that Elizabeth (Danforth) Foxcroft informed Sewall that her father “was much indisposed the 22 inst., which was the beginning of his sickness.” Danforth was “much troubled with the Palsie”—which caused paralysis and involuntary tremors. Two entries later in his diary, Sewall wrote:

“Lord’s Day, Novr. 5, Tho. Danforth Esq. dies about 3 post merid. [p.m.] of a fever. Has been a magistrate 40 years. Was a very good husbandman, and a very good Christian, and a good Councilor: was about 76 years old.”

“…Sixth day, Nov. 10, 1699. Mr. Danforth is entombed about 1/4 of an hour before 4 p.m. Very fair and pleasant day; much company. Bearers on the right side Lt. Governor, Mr. Russell, Sewall; left side, Mr. W. Winthrop, Mr. Cook, Col. Phillips. I helped lift the corpse into the tomb, carrying the feet. Had cake and cheese at the house. Col. Hathorne, Mr. Corwin, Bro. Sewall were there from Salem. Councilors had rings, ministers gloves, Mr. Mather and Brattle scarfs and rings: so had the bearers.”

Both books ended their quotes with the list of mourning gifts the family gave to honored guests and casket bearers. But wait. Where was Danforth buried? Even though Danforth lived in Cambridge, Massachusetts, I searched Boston’s Historic Burying Grounds Initiative database first. Ten Danforths were listed, but not the Thomas who died in 1699. So I tried the Find a Grave database, narrowing down the search to Cambridge. Still nothing.

But what if Sewall said something more in his diary? And he did!

The entry continued: “Cambridge Burying Place is handsomely fenced in with boards, which has not been done above a month or six weeks.”

Thanks to Samuel Sewall’s diary, we know where Hon. Thomas Danforth’s mortal remains lie. While it doesn’t explicitly say which tomb Danforth is in, and none are labeled with his name, he’s definitely buried in an unmarked tomb at Old Burying Ground in Cambridge. His wife and possibly other family members may be buried there too. I added a memorial for Danforth at Find a Grave, not knowing one already existed with an “unknown location.” The duplicate listings were merged into Memorial 240442382.

Danforth and the Salem witch trials

As deputy governor, Thomas Danforth observed the examinations of accused witches Elizabeth Proctor and Sarah Cloyce at a meeting of the Court of Assistants in Salem in April 1692. Local magistrates, John Hathorne and Jonathan Corwin, handled the questioning, while Rev. Samuel Parris transcribed the session.* This experience no doubt led to Danforth’s disapproval of the judicial proceedings.

In a letter dated 8 October 1692, Thomas Brattle, an outspoken opponent of the witch trials, wrote: “But although the chief judge, and some of the other judges, be very zealous in these proceedings, yet this you may take for a truth, that there are several about the Bay, men for understanding, judgment, and piety, inferior to few, if any, in [New England], that do utterly condemn the said proceedings, and do freely deliver their judgment in the case to be this, viz., that these methods will utterly ruin and undo poor N. E. I shall nominate some of these to you, viz., the Hon. Simon Bradstreet Esq.; the Hon. Thomas Danforth Esq.; the Rev. Mr. Increase Mather, and the Rev. Mr. Samuel Willard….”

With the Court of Oyer and Terminer disbanded, Tuesday, 6 December 1692—“a very dark cold day,” Sewall reports—was “the day appointed for choosing of Judges.” William Stoughton was unanimously chosen Chief Justice of the new Superior Court of Judicature with 15 votes, while Thomas Danforth received 12 votes, and John Richards, Waitstill Winthrop, and Sewall received 7 votes each. Only 15 Assistants were present. Apparently, Danforth didn’t want anything to do with the witch trials, which would be a significant focus of the new court with so many accused witches still in jail. Two days later, Sewall’s diary says, “Mr. Danforth is invited to dinner, and after pressed to accept his place.” After Lecture on Thursday, December 22, Stoughton, Richards, Winthrop, and Sewall received their commissions as Judges and took their oaths. Danforth, having been “pressed,” later joined them on the bench.

The Salem witch trials started again in January 1693. Of the 56 indictments for witchcraft, true bills were found against 26 but only three were found guilty—Elizabeth Johnson Jr., Sarah Wardwell, and Mary Post. Without the use of spectral evidence in court and possibly because of Danforth’s influence, the court quickly brought the trials to an end. Then, Governor Phips issued pardons for the three convicted women as well as others convicted from the previous court.

Thomas Danforth remained on the supreme court until his death in 1699. On November 7 of that year, Sewall wrote, “Mr. Stoughton, in his speech to the Grand Jury, takes great notice of Judge Danforth’s death. Saith he was a lover of religion and religious men; the oldest servant the country ever had; zealous against vice; and if had any detractors; yet was so much on the other as to erect him a monument among this people.” Then there was a sharp reminder from the Puritan minister, Mr. Willard, who “in his prayer mentioned God’s displeasure in his removal; and desired the Judges might act on the bench as those who must shortly go to give their account.”

Salem’s End

Thomas Danforth is also known for giving 800 acres of land to families who wanted to escape Salem and memories of the witch trials. Previously known as Danforth’s Farms, the town was incorporated in 1700 as Framingham, Massachusetts, named after Framlingham, Suffolk, England, where Danforth was baptized in 1623. The section where the Salem refugees lived is still known as Salem End.

*This line has been edited from the original post. Based on several 19th-century authors, I had written: “Rev. Samuel Parris was in charge of the interrogations that day, and Danforth recorded the session.” After Marilynne K. Roach commented, and I replied back, I went back to the books and revised my thinking. See Comments, below, for more details.

By Posted on Posted in History Tagged with , , , , , , , , , , , , ,

When the witch hunt started in Salem Village in February 1692, the Massachusetts colonists were waiting for Rev. Increase Mather to return home from England with a new governor, Sir William Phips, and joint monarchs William & Mary’s new charter. In the interim, four magistrates held examinations (hearings) to see if any of the accused should be held for trial. The jails in Salem, Boston, Ipswich, and elsewhere were filled with accused witches when Governor Phips arrived in May 1692. In short order, he established the special Court of Oyer and Terminer to handle the witchcraft cases, before heading northward to handle military issues with the Native Americans.

Led by Lieutenant Governor William Stoughton, the Salem court had an imposing job set before them: Discover witches during unruly public meetings filled with afflicted accusers, scared or disbelieving townspeople, and bewildering stories of possession, strange occurrences, unexplained deaths, animal familiars, black Sabbaths, and the like.

Following the Rules?

In December 1641, the Massachusetts Bay Colony published the Body of Liberties. These 100 rules, which were based on both English law and Biblical law, were intended to be the foundation of the colony’s court system.

Under rule 94, Capital Laws, number 2 it says:

“If any man or woman be a witch, that is, hath or consulteth with a familiar spirit, they shall be put to death.”

Deuteronomy 18:10-11 had a much larger definition: “There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a witch, or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer.” But the Salem judges specifically were looking for Sarah Good’s yellow bird or Bridget Bishop’s cat.

So, let’s look at some of the other legal points and see how they pertained to the Salem witch trials.

26. Any man that findeth himself unfit to plead his own cause in any Court, shall have the liberty to employ any man against whom the Court doth not except, to help him provided he give him no fee or reward for his pains. This shall not except the party himself from answering such questions in person as the Court shall think meet to demand of him.

On 9 September 1692, sisters Sarah (Towne) Cloyce and Mary (Towne) Estey petitioned the court to allow testimony on their behalf, “seeing we are neither able to plead our own cause, nor is council allowed to those in our condition” (Records of the Salem Witch-Hunt, p. 620). These two eloquent women were fit to plead their cases, but clearly were not allowed to in the Salem court. They had no defense attorney and the judges were acting as prosecutors.

45. No man shall be forced by torture to confess any crime against himself nor any other unless it be in some capital case where he is first fully convicted by clear and sufficient evidence to be guilty. After which, if the cause be of that nature, that it is very apparent that there be other conspirators or confederates with him, then he may be tortured, yet not with such tortures as be barbarous and inhumane.

According to accused witch John Proctor, 18-year-old Richard Carrier and his 16-year-old brother Andrew Carrier, “would not confess anything till they tied them neck and heels till the blood was ready to come out of their noses” (Robert Calef, More Wonders of the Invisible World, 1700). The Carrier brothers had not even been indicted, much less been charged guilty before being tortured.

46. For bodily punishments we allow amongst us none that are inhumane, barbarous, or cruel.

It goes without saying that peine forte et dure, or being pressed to death like Giles Corey, is “inhumane, barbarous, or cruel.” Once the rocks were placed on his prone form, even if the 70-year-old Corey changed his mind and started talking, he’d probably die from the internal injuries anyway. It took him hours to die.

47. No man shall be put to death without the testimony of two or three witnesses, or that which is equivalent thereunto.

Since witchcraft meant being in league with the Devil, it’s surprising that the justices did not rely on the opinion of several prominent ministers who were against using spectral evidence—visions seen only by the afflicted accusers—as the main reason to charge a person. Nor did the justices find conflict in accepting the words, visions, and bodily contortions of the afflicted accusers that one could say were possessed by the Devil themselves. The afflicted accusers often supported each other’s testimonies or mimicked each other during the trials. The people in the court house became witnesses of the afflicted accusers.

Confessed witches sometimes claimed to have seen other accused witches at witch meetings. Since the court was using confessors to find more witches, the confessors were spared until a later date (that never came). In most circumstances, confessing to a crime was as good as or better than having two witnesses. Yet none of the confessors were hanged before Governor Phips stopped the trials.

94 Capital 11. If any man rise up by false witness, wittingly and of purpose to take away any man’s life, he shall be put to death.

After the trials were over, we don’t hear much backlash against the accusers or the judges and jury. Some disappear from the records, while others, such as Judge Stoughton, continued to be prominent members of society. However, Judge Samuel Sewall, numerous jurymen, and accuser Ann Putnam Jr. publicly asked for forgiveness for their part in the trials.

reposted from Genealogy Ink