ve, pp. 112-113, and Potts, Q-Q verso.
[8] See Potts, I.
[9] It can hardly be doubted that the children had been thoroughly
primed with the stories in circulation against their mother.
[10] Other witnesses charged her with "many strange practises."
[11] The principle that a man's life may not twice be put in jeopardy
for the same offence had been pretty well established before 1612. See
Darly's Case, 25 Eliz. (1583), Coke's _Reports_ (ed. Thomas and Fraser,
London, 1826), IV, f. 40; Vaux's Case, 33 Eliz. (1591), _ibid._, f. 45;
Wrote _vs._ Wiggs, 33 Eliz. (1591), _ibid._, f. 47. This principle had
been in process of development for several centuries. See Bracton (ed.
Sir Travers Twiss, London, 1878-1883), II, 417, 433, 437; Britton (ed.
F. M. Nichols, Oxford, 1865), bk. I, cap. xxiv, 5, f. 44 b.
It must be noted, however, that the statute of 3 Hen. VII, cap. II,
provides that indictments shall be proceeded in, immediately, at the
king's suit, for the death of a man, without waiting for bringing an
appeal; and that the plea of _antefort acquit_ in an indictment shall be
no bar to the prosecuting of an appeal. This law was passed to get
around special legal inconvenience and related only to homicide and to
the single case of prosecution by appeal. In general, then, we may say
that the former-jeopardy doctrine was part of the common law, (1) an
appeal of felony being a bar to subsequent appeal or indictment, (2) an
indictment a bar to a subsequent indictment, and (3) an indictment to a
subsequent appeal, except so far as the statute of 3 Hen. VII., cap. II,
changed the law as respects homicides. For this brief statement I am
indebted to Professor William Underhill Moore of the University of
Wisconsin.
What Potts has to say about Anne Redfearne's case hardly enables us to
reach a conclusion about the legal aspect of it.
[12] This is the story in the MS. account (Brit. Mus., Sloane, 972). The
printed narrative of the origin of the affair is somewhat different.
Joan had on one occasion been struck by Mistress Belcher for unbecoming
behavior and had cherished a grudge. No doubt this was a point recalled
against Joan after suspicion had been directed against her.
[13] In John Cotta's _The Triall of Witchcraft ..._ (London, 1616),
66-67, there is a very interesting statement which probably refers to
this case. Cotta, it will be remembered, was a physician at Northampton.
He wrote: "There is a very rare, but true,
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