The Court of Oyer and Terminer
The Court of Oyer (to hear) and Terminer (to decide) was opened by Governor William Phips (Guiley 296) in Salem to hear the witchcraft precedings on June 2, 1692 (www.salemwitchmuseum.com). The court was comprised of a chief justice, Lt. Governor William Stoughton, as well as eight other well respected men (Guiley 296).
First to be convicted in the court was Bridget Bishop. She was found guilty and sentenced to death, a legal fate at the time. The court convicted serval "witches" each day. The only was to escape death was to confess. Confession, however, meant the loss of all property and possessions and possibly freedom (Guiley 296).
Giles Corey was ordered by the court to be pressed with rocks in an effort to force a plea. In the 17th Century, a plea was necessary in order to procede with the trial (www.ogram.org/17thc/crucible.shtml). Many people suspect that Corey refused testimony in order to keep his land from being taken from him, which would in turn destroy his children's inheritance. Corey did not give into the torture, however, he only asked for more stones (Guiley 299).
The Court of Oyer and Terminer allowed spectral evidence to be used in the precedings. These claims of torture by invisable figures were impossible to argue against. The so-called afflicted acted so strongly and were overly convincing of the fact that they were actually being tortured. The accused were inevitably damned (www. salemwitchmuseum.com). After the conviction and execution of 20 people, Thomas Brattle send a letter to Governor Phips declaring that the use of spectral evidence was unfair and invalid. The letter caused Phips to order the use of spectral evidence to cease and desist (www.salemweb.com/memorial).
On October 29, 1692, Governor Phips decided that the preceding being conducted in the Court of Oyer and Terminer had gotten out of hand (Guiley 299). More and more people were being accused everyday, even people whom the supposed afflicted did not even know (www.ogram.org/17thc/crucible.shtml). Perhaps the accusations of witchcraft directed towards Governor Phips' wife had been the last straw. Regardless of the reason, the Court of Oyer and Terminer was dissolved (Guiley).
A new court, the Superior Court, was instituted on November 25, 1692 to try the remaining cases (www.salemweb.com/memorial). The new court released those awaiting trial and pardoned those who had already been convicted (www.salemwitchmuseum.com).
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