The Role Of Law In The 17th Century

Living as we do in the 20th century, the charges imposed on people throughout New England during the 1680s and 1690s seem preposterous. Any behavior regarded as strange by fellow citizens was sufficient to hold a trial with a sentence of death. Though such scenarios seem unfathomable in our modern culture, it was a reality for hundreds of New England settlers. The causes of the famous outbreak of witch trials in Salem, Massachusetts are rooted in social, economic, and political aspects of the late 17th century Salem community.

The Salem witch trials, that occurred in colonial Massachusetts, were a hostile part of American history. People lived in a constant state of paranoia and fear. A great number of people were accused of practicing witchcraft, which was thought to be connected to the devil, and some were even executed. Eventually, the colony realized the faults in the trials. By reading the primary sources ‘A Modest Inquiry into the Nature of Witchcraft Chapter II’ by John Hale and Two Letters by Governor William Phips, we are able to discover a wealth of knowledge about the aforementioned trials. The two sources allow the reader to gain insight into how the trials were flawed by showing the nature of the Salem Witch Trials, the evidence used to find the witches guilty, and the role native americans played in the trials. While also exhibiting how primary sources can be a disadvantage in navigating through historical events.

A few thousand years ago, three sets of laws were composed that show remarkable similarities in their instructions on how to live a moral and righteous life. Although they were written hundreds of miles apart from each other, and in totally different cultures and civilizations, the Edicts of Ashoka, the Bible, and Hammurabi’s Code all elucidate the moral principles of self-control, justice, and abstention from harming living beings.

It is often difficult to understand the thought process that other people’s might have had many years ago. A college professor and writer, Richard Godbeer attempts to explain the thought process of the people who were involved in witch trials in the year 1692 in his text “How Could They Believe That?”. He often tells students in college and high school that we can relate to how society was in 1692 and how their views on life, and specifically the supernatural forces, are completely justifiable. In this article he explains the social atmosphere, the environment in which the settlers lived in, as well as how thorough the process of persecution was.

During the time period of 1691 to 1692 the town of Salem, a small thriving community within the Puritan Massachusetts Bay colony, was struck by widespread hysteria in the form of witch trials. The way these trials and accusations played out are historically unlike any other witch trials found in European and American history. Historians have pointed to a number of economic, political, and social changes of the then existing institutions throughout the Massachusetts Bay area to be the cause of the Salem witch trials, along with the direction they took. If studied closely however, it becomes apparent that the main cause for the Salem witch trials can be found in the way the people of Salem viewed and

The Salem Witch Trials were a time of confusion, where half a dozen girl accusers threw the town of Salem on its head. The end result was 19 hung and one crushed to death for failure to admit or deny witchcraft and 150 more were imprisoned throughout the course of the trial (Hall p38). The Puritans came to the “New World” for their religious freedom to fallow their ideals for a new way of life, the “perfect way of life.” They were issued charter--to live on the land--. The King Phillip’s war labeled as “[t]he bloodiest war in America’s history …which…took place in New England in 1675” (Tougias par.1) had a dramatic effect on the Puritan society. Their charter was revoked and

Philosophical thought provides the infrastructure that allows society to author moral laws. While morality may be the aim, other variables can cause these laws to become corrupt. The urge for power is one of many, recurring, variables that infect morality. During these times of ‘infection,’ society must contest those who oppose just laws. In order to shine a light on unjust laws, laws are bound to be broken. It is not only lawful to break unjust laws, but the duty of the people to speak up and be a voice for change. It is critical, during these times, to work towards equilibrium with the goal to change the law. Regardless of the circumstances, it is lawful to break unjust laws with the goal to make them just again.

In the trial of Anne Hutchinson, we meet a well intentioned yet lost people described and labelled as the Puritans of the Massachusetts Bay Company. These self governing Puritans, once a people who sought God to set them on their way, settled only to be found as a people who simply lost their way. This journey to lost began when first motivated by a desire for religious reform and separation from the liturgy, ceremonies and practices of the Church of England. Once they banned together, they set on their way and traveled in groups to the New World. With the Word of God as their ultimate authority and the desire for a personal relationship with God, these people landed in Boston in 1630 united to self govern the newly founded Massachussets Bay Colony. Unfortunatly, this self rule resulted in a government of intolerance, fear and a liturgy not much different from what was once found in the Church of England. A system designed to set apart outward morality, or sanctification, to strengthen the authority of the Church only worked to neglect the place of true piety purposed to strengthen the spiritual lives of the people it served.

During early 1692, in Essex, Massachusetts, a group of girls began to practice “conjuration with sieves and keys, and peas, and nails, and horseshoes”. By February, the adults tried to put into words what was happening to their children: “odd postures,” “foolish, ridiculous speeches”. Local physician William Griggs warned Reverend Samuel Parris, father of two of these girls, that he suspected the “Evil Hand” or more specifically, “malefic witchcraft”. As a result of this bizarre occurrence, rumors and assumptions spread rapidly across the area of Salem Village. The legal system was unkempt and clearly unprepared for something so baffling. As a result, the trials were conducted aimlessly and disorderly, without consideration of the persecuted. Throughout countless records, evidence was slim and weak. This was just the beginning of what is known as the Salem Witch Trials. Due to an unorganized legal system, The Salem Witch Trials exposed Puritan society as unprepared, unlawful, and unethical.

New England in the seventeenth century was a difficult place to live. The raging winds of winter, the ravaging Indian tribes and the many diseases that killed both livestock and family members often had inhabitants believing that they were being punished by God for their sins, or that their afflictions were caused by something much more sinister. Anyone who threatened traditional gender and societal roles was seen as a potential threat to both themselves and the rest of the community. The outbreaks of witch accusations that occurred throughout New England during this time reflected how unsettled the settlers really felt about their lives. This is reflected in both the Salem, Massachusetts witch trials and the Stamford, Connecticut witch trials even if these trials had different results.

All societies have rules and regulations as well as penalties for those who violate them. There are numerous theories about the philosophy behind these laws and punishments, and the reasons we implement them. A short analysis of two of these perspectives can shed light on the differences between the various ideas while illustrating that, in reality, each theory carries some validity.

The governing legal, moral and religious codes of ancient civilizations were written and enforced by a minority that exercised power and authority over the majority. This minority consisted of priests, rulers and elites with established power and influence in society. In these codes of early civilizations, there was an overarching emphasis on maintenance of structure and order in society. Simply put, while these codes reflect the conditions, needs and values of the times in which they were formulated, they also unveil the authors’ agendas to preserve their power by maintaining the status quo. Therefore, these codes acknowledge and uphold the prevailing social, gender and racial inequalities as natural conditions of human existence and reveal the manifold biases present in early civilizations.

Honore de Balzac once said, “Laws are spider webs through which the big flies pass and the little ones get caught.” In the law system of the Middle Ages, one of the major courts was the church court, where the leaders of the Catholic Church held the jurisdiction. However, there were countless problems with the attitude of the church and the misdeeds they performed. Despite the fact that medieval laws were justified in the eyes of religion, it was the abuse of those administering the laws that caused the failure of medieval justice system.

Fragmentation of land has been an ongoing phenomenon for many centuries and is backed by the notion of maximizing its potential utility, given its scarce nature. In the feudal system, one’s relationship to land is defined by their hierarchical position. The king stood at the top of the pyramid and ruled over all the lands, and would grant partial rights to the Lords. Through grants, the land would then be held in fief by vassals, in exchange for personal loyalty to those below them. This gave rise to fragmentation of land carried forth by hereditary systems. Since the fall of feudalism, there has been increasing calls for absolute unification of property rights especially during the modern European codification. This “unitary theory of property rights” only allowed for several exceptions for property rights to be shared. But this transition has not proven to be smooth.

Law is one of the critical foundations of modern society. It acts as the system through which we resolve conflict and explore moral values (Lecture Notes). In the context of modern western practices of law, we often associate it with a more secular understanding of law and punishment, deriving decisions from evidence and prescribe punishments based on more secular values; however, the link between law and religion varies from region to region, from culture to culture. One of the most intimate links between law and religion can be found in Islam, a religion that serves as a more comprehensive guide to all aspects of life, not just