A Salem jury first acquitted her; but the judge hanged her anyway for not hearing a question.

This is the next installment of Courage and Consequence — a series about relatively unknown individuals in history who made courageous decisions under extraordinary pressure, and had to live with what followed.

Rebecca Nurse needs to be remembered.

———

The jury said not guilty.The judge would not take it.

He sent twelve men back into the room to find a different answer, and they did.

Nineteen days later they hanged her.

Rebecca Nurse was seventy-one years old. She was hard of hearing. She had been sick in bed when the marshal came. None of it mattered. What happened to her is what a court looks like when it has decided that fear is evidence.

She was not the kind of woman the panic was built to catch. The first accused at Salem were a slave, a beggar, a sick old woman with a bad name. Rebecca Nurse was none of these.

She had belonged to the Salem church for half a century. Her husband Francis was a tray-maker who had once served as constable. They worked a three-hundred-acre farm. She had raised eight children and seen every one of them live, which in that century was its own kind of grace. People who knew her did not believe the charge. That was the problem. If the court could take her, it could take anyone.

The accusation came in March 1692. Ann Putnam, twelve years old, said Nurse’s shape had come to torment her. Abigail Williams said the same. The Putnams had quarreled with the Townes — Rebecca’s people — for thirty years over land. Now the quarrel had a weapon that could not be answered.

Four neighbors went to the Nurse farm to warn her. They found her weak and in bed, and she had not yet heard she was accused. She spoke first of the afflicted girls, and she pitied them. When the visitors told her she was named, she said: “I am as innocent as the child unborn, but surely what sin hath God found out in me, unrepented of, that He should lay such an affliction upon me in my old age.”

They wrote it down and swore to it. It changed nothing.

On March 24 the marshal took her to the meeting house. Judge John Hathorne ran the examination the way he ran all of them. He assumed guilt and demanded confession. The afflicted girls fell into fits when she raised her hands and went still when she lowered them, and Hathorne pointed to the spectacle and called it proof. It was a closed circle. If she moved, she was tormenting them. If she sat still, she was hiding it.

She did not break.

“I can say before my Eternal Father I am innocent,” she told him, “and God will clear my innocency.”

He pressed her. The girls writhed. Ann Putnam’s mother cried out from the crowd that Nurse had brought the Black Man with her.

“The Lord knows I have not hurt them,” Nurse said. “I am an innocent person.”

Hathorne asked why she did not weep when the girls suffered so. She said, “You do not know my heart.”

He told her that if the girls were faking, she would have to call them murderers. She would not take the bait. She said only that she could not tell what to think of it. The closest he got was when he argued that the Devil could borrow an innocent person’s shape. She agreed that he could.

“I cannot help it,” she said. “The Devil may appear in my shape.” It was good Puritan theology and it was true. The court wrote it down as a confession. It was not one.

Between her arrest and her trial, the people who knew her did something almost no one else at Salem dared. They put their names on paper. Thirty-nine of them signed a petition saying Nurse’s life had always matched her faith and they had never seen cause to suspect her of anything. To sign was to step into the open. Anyone who defended an accused witch could be accused next. Two of the petition’s organizers were later charged; one fled the colony.

Seven of the signers were Putnams — the same name as her accusers — who broke with their own family to stand for her.

She made her own argument, too. A panel of women had searched her body for a witch’s mark and reported finding one. In chains, two days before trial, Nurse petitioned the court in her own words. The most skilled woman on the panel had dissented, she wrote, and called the mark a natural thing, the kind a body keeps after many childbirths. She asked the court to appoint qualified midwives to look again.

The court refused.

The trial opened June 30. She had no lawyer. The case against her was spectral — the testimony of girls describing a shape no one else could see. Against it stood thirty-nine sworn neighbors, her own clear answers, and the dissent of the one examiner who knew what she was looking at.

The jury found her not guilty.

The room came apart. The afflicted girls howled in the gallery.

Chief Justice William Stoughton, who had built the whole machinery of the court on spectral evidence, would not accept the verdict. He told the foreman the jury might have overlooked a phrase Nurse had spoken during the trial. When a confessed witch had been brought in against her, Nurse had said the woman was “of our company.” Stoughton called it an admission — proof she sat with witches.

The jury went back out. The foreman, Thomas Fisk, could not see how the words were evidence. So the jury returned to the bar and asked Nurse, directly, what she had meant.

She did not answer.

She was deaf and exhausted and grieving, and she did not hear the question. No one told her what hung on it. Her silence filled the room. The jury read the silence as guilt and brought back a verdict of guilty.

Stoughton sentenced her to hang.

She had meant the plainest thing. Four days later she put it in writing: the confessed women were fellow prisoners — they had been “of our company” in the jail — and as condemned witches they could not be honest evidence against anyone. She had been making a careful point about the law.

The court hanged her for not hearing a question.

Every safeguard that should have held her up gave way in turn. The jury bent under the judge. The governor, William Phips, granted a reprieve — and then unnamed gentlemen of Salem came to him, and he took it back. On July 3 the Salem church brought her in chains to the congregation she had belonged to for fifty years and excommunicated her, by unanimous vote, while she stood and listened. They cast her out of the body of Christ before they took her body.

On July 19, 1692, they carried her by cart up the rocks at Proctor’s Ledge. She hanged with four other women. Witnesses said she met it with dignity and said no last word against anyone. They threw her into a shallow grave in the stone. That night, by family memory, Francis Nurse and his sons climbed the ledge in the dark, took her down, and carried her home to bury her in her own ground.

The court did not survive her. Her conviction was the one the colony could not stomach. If a woman like Rebecca Nurse could be hanged, no one was safe, and people began to say so out loud. By autumn the governor disbanded the court, and the new one threw out spectral evidence — the only thing that had ever convicted her.

In 1711 the colony reversed her attainder and paid her family twenty-five pounds.

In 1712 the church revoked her excommunication so that it would “be no longer a reproach to her memory.”

In 1885 her descendants raised a granite stone over the family graves — the first monument in America to anyone the witch trials killed.

She did not beat the court. She could not. What she did was refuse to feed it. A confession would have saved her life — confession was the one move that bought time at Salem — and she would not lie about herself to live. She gave the court correct answers, filed her petitions, corrected its errors, and stood at the bar telling the truth while every check that should have protected her failed in sequence.

That is the particular thing her case holds.

  • Anne Hutchinson argued.
  • Mary Dyer returned.
  • William Penn defied.
  • Giles Corey refused to plead.

Rebecca Nurse simply complied — she was the model defendant, the one any honest court would have freed — and the court hanged her anyway. Her death proved the system was not merely capable of error. It was, that year, unable to correct itself. The thirty-nine names did not move it. The acquittal did not move it. The governor’s mercy did not hold against it.

The double jeopardy clause of the Fifth Amendment is, in part, an answer to what was done to her — a verdict of acquittal, sent back until it yielded a hanging. The men who did it are footnotes now.

Her name is on a granite stone, and the court that took her is the thing we built the law to prevent.

———

Sources: Salem Witch Trials Documentary Archive, University of Virginia (examination of March 24, 1692, recorded by Samuel Parris; arrest warrant; the thirty-nine-signature Israel Porter petition; Rebecca Nurse’s June 28 petition; Thomas Fisk’s juror declaration of July 4, 1692; and Nurse’s July 4 appeal). Robert Calef, More Wonders of the Invisible World (London, 1700). Additional detail from Daniel A. Gagnon, A Salem Witch: The Trial, Execution, and Exoneration of Rebecca Nurse (2021); Bernard Rosenthal, Salem Story (Cambridge University Press, 1995); and the Massachusetts Historical Society, which holds the original Porter petition.
Next in this series: Robert Smalls — The Enslaved Pilot Who Stole a Confederate Warship.
———
Charles C. Jett is the author of the Courage and Consequence series. A graduate of the U.S. Naval Academy and Harvard Business School, he served as a Cold War submarine officer and went on to a career in executive search and coaching. He is the author of six books and more than 800 blog posts at criticalskillsblog.com and civicsage.com.

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