The Trials

Changes in the American Legal System

During the epidemic of witchcraft accusations in Salem, the legal process changed. The trials followed the temporary suspension of the Colony Charter due to political and religious tension between the colony and England. A new governor and a new charter from England arrived in 1692, but the General Court did not have enough time to create any laws.

On May 27, 1692, Governor William Phips ordered the establishment of a Special Court known as the Court of Oyer and Terminer (which translate to “to hear” and “to determine,” respectively) to decide the cases. Without specific colony laws, the judges accepted “spectral evidence,” which included testimony about dreams and visions. 

The Puritans believed that physical realities had spiritual causes. For example, if the crop failed, the Devil may have played a role—and Satan could not take the form of an unwilling person. So if anyone claimed to have seen a ghost or spirit in the form of the accused, that person must be a witch. With this worldview, it was not a stretch for Puritans to believe in spectral evidence, which was the primary evidence used as proof of guilt.

In October, Increase Mather, then president of Harvard, denounced the use of spectral evidence: “It were better that ten suspected witches should escape than one innocent person be condemned,” he said. Not long after, Governor Phips dissolved the Court of Oyer and Terminer. 

In January 1693, the newly created Superior Court of Judicature began hearing the remaining witch trials. The judges could not accept spectral evidence and most of the remaining trials ended in acquittal. Phips pardoned the rest.