Salem Witchcraft and Cotton Mather Part 4

VII.

ADVICE OF THE MINISTERS, FURTHER CONSIDERED. COTTON MATHER'S PLAN FOR DEALING WITH SPECTRAL TESTIMONY.

The _Advice of the Ministers_ is a doc.u.ment that holds a prominent place in our public history; and its relation to events needs to be elucidated.

In his _Life of Sir William Phips_, Cotton Mather has this paragraph: "And Sir William Phips arriving to his Government, after this ensnaring horrible storm was begun, did consult the neighboring Ministers of the Province, who made unto his Excellency and the Council, a Return (drawn up, at their desire, by Mr. Mather, the younger, as I have been informed) wherein they declared."--_Magnalia_, Book II., page 63.

He then gives, without intimating that any essential or substantial part of the _declaration_, or _Advice_, was withheld, the Sections _not_ included in brackets.--_Vide_, pages 21, 22, _ante_.

It is to be observed that Phips is represented as having asked the Ministers for their advice, and their answer as having been made to his "Excellency and the Council." There is no mention of this transaction in the Records of the Council. Phips makes no reference to it in his letter of the fourteenth of October, which is remarkable, as it would have been to his purpose, in explaining the grounds of his procedure, in organizing, and putting into operation, the judicial tribunal at Salem.

It may be concluded, from all that I shall present,--Sir William, having given over the whole business to his Deputy and Chief-justice, with an understanding that he was authorized to manage it, in all particulars,--that this transaction with the Ministers may never have been brought to the notice of the Governor at all: his official character and t.i.tle were, perhaps, referred to, as a matter of form. The Council, as such, had nothing to do with it; but the Deputy-governor and certain individual members of the Council, that is, those who, with him, as Chief-justice, const.i.tuted the Special Court, asked and received the _Advice_.

Again: the paragraph, as constructed by Mather, just quoted, certainly leaves the impression on a reader, that Phips applied for the _Advice of the Ministers_, at or soon after his arrival. The evidence, I think, is conclusive, that the _Advice_ was not asked, until after the first Session of the Court had been held. This is inferrible from the answer of the Ministers, which is dated thirteen days after the first trial, and five days after the execution of a sentence then pa.s.sed. It alludes to the _success_ which had been given to the prosecutions. If the Government had asked counsel of the Ministers before the trials commenced, it is inexplicable and incredible, besides being inexcusable, that the Ministers should have delayed their reply until after the first act of the awful tragedy had pa.s.sed, and blood begun to be shed.

Hutchinson expressly says: "The further trials were put off to the adjournment, the thirtieth of June. The Governor and Council thought proper, _in the mean time_, to take the opinion of several of the princ.i.p.al Ministers, upon the state of things, as they then stood. This was an old Charter practice."--_History_, ii., 52.

It has been regarded as a singular circ.u.mstance, that after such pains had been taken, and so great a stretch of power practised, to put a Court so suddenly in operation to try persons accused of witchcraft, on the pretence, too, recorded in the Journal of the Council, of the "thronged" condition of the jails, at that "hot season," and after trying one person only, it should have adjourned for four weeks.

Perhaps, by a collation of pa.s.sages and dates, we may reach a probable explanation. In his letter to "the Ministers in and near Boston,"

written in January, 1696, after considering briefly, and in forcible language, the fearful errors from which the Delusion of 1692 had risen, and solemnly reminding them of what they ought to have done to lead their people out of such errors, Calef brings their failure to do it home to them, in these pungent words: "If, instead of this, you have some by word and writing propagated, and others recommended, such doctrines, and abetted the false notions which are so prevalent in this apostate age, it is high time to consider it. If, when authority found themselves almost nonpl.u.s.t in such prosecutions, and sent to you for your advice what they ought to do, and you have then thanked them for what they had already done (and thereby encouraged them to proceed in those very by-paths already fallen into) it so much the more nearly concerns you. _Ezek._, x.x.xiii., 2 to 8."--_Calef_, 92.

Looking at this pa.s.sage, in connection with that quoted just before from Hutchinson, we gather that something had occurred that "nonpl.u.s.t" the Court--some serious embarra.s.sment, that led to its sudden adjournment--after the condemnation of Bridget Bishop, while many other cases had been fully prepared for trial by the then Attorney-general.

Newton, and the parties to be tried had, the day before, been brought to Salem from the jail in Boston, and were ready to be put to the Bar. What was the difficulty? The following may be the solution.

Brattle informs us, and he was able to speak with confidence, that "Major N. Saltonstall, Esq., who was one of the Judges, has left the Court, and is very much dissatisfied with the proceedings of it."--_Ma.s.sachusetts Historical Collections, I., v., 75._

The questions arise; When and why did he leave the Court? The Records of the Council show that he was constant in his attendance at that Board, his name always appearing at the head of the roll of those present, until the sixteenth of June, from which date it does not appear again until the middle of February, 1693. The Legislature, in the exercise of its powers, under the Charter, had, near the close of 1692, established a regular Superior Court, consisting of Stoughton, Danforth--who had disapproved of the proceedings of the Special Court--Richards, Wait Winthrop, and Sewall. It continued, in January, 1693, witchcraft trials; but spectral evidence being wholly rejected, the prosecutions all broke down; and Stoughton, in consequence, left the Court in disgust. After all had been abandoned, and his own course, thereby, vindicated, Major Saltonstall re-appeared at the Council Board; and was re-elected by the next House of Representatives. His conduct, therefore, was very marked and significant. In the only way in which he, a country member, could express his convictions, as there were no such facilities, in the press or otherwise, for public discussions, as we now have, he made them emphatically known; and is worthy of the credit of being the only public man of his day who had the sense or courage to condemn the proceedings, at the start. He was a person of amiable and genial deportment; and, from the County Court files, in which his action, as a Magistrate, is exhibited in several cases, it is evident that he was methodical and careful in official business, but susceptible of strong impressions and convictions, and had, on a previous occasion manifested an utter want of confidence in certain parties, who, it became apparent at the first Session of the Court, were to figure largely in hearing spectral testimony, in most of the cases. He had no faith in those persons, and was thus, we may suppose, led to discredit, wholly, that species of testimony.

From his attendance at the Council Board, up to the sixteenth of June, the day when the _Advice of the Ministers_ was probably received, it may be a.s.sumed that he attended also, to that time, the sittings of the Court; and that when he withdrew from the former, he did also from the latter. The date indicates that his action, in withdrawing, was determined by the import of the _Advice_.

If a gentleman of his position and family, a grandson of an original Patentee, Sir Richard Saltonstall, and sitting as a Judge at the first trial, had the independence and manly spirit to express, without reserve, his disapprobation of the proceedings, the expression of Calef is explained; and the Court felt the obstacle that was in their way.

Hence the immediate adjournment, and the resort to some extraordinary expedient, to remove it.

This may account for the appeal to the Ministers. Great interest must have been felt in their reply, by all cognizant of the unexpected difficulty that had occurred. The doc.u.ment was admirably adapted to throw dust into the eyes of those who had expressed doubts and misgivings; but it did not deceive Saltonstall. He saw that it would be regarded by the other Judges, and the public in general, as an encouragement to continue the trials; and that, under the phraseology of what had the aspect of caution, justification would be found for the introduction, to an extent that would control the trials, of spectral evidence. The day after its date, he left his seat at the Council Board, withdrew from the Court, and washed his hands of the whole matter.

The course of events demonstrates that the _Advice_ was interpreted, by all concerned, as applauding what had been done at the first trial, and earnestly urging that the work, thus begun, should be speedily and vigorously prosecuted. Upon the Ministers, therefore, rests the stigma for all that followed.

There may have been, at that time, as there was not long afterward, some difference of opinion among the Ministers; and the paper may have had the character of a compromise--always dangerous and vicious, bringing some or all parties into a false position. Samuel Willard may have held, then, the opinion expressed in a pamphlet ascribed to him, published, probably, towards the close of the trials, that spectral evidence ought only to be allowed where it bore upon persons of bad reputation. The _fourth_ Section conciliated his a.s.sent to the doc.u.ment. This might have been the view of Increase Mather, who, after the trials by the Special Court were over, indicated an opinion, that time for further diligent "search" ought to have been allowed, before proceeding to "the execution of the most capital offenders;" and declared the very excellent sentiment, that "it becomes those of his profession to be very tender in the shedding of blood." The expressions, "exceeding tenderness," in the _fourth_ Section, and "the first inquiry," in the _fifth_--the latter conveying the idea of repeated investigations with intervals of time--were well adapted to gain his support of the whole instrument. If they were led to concur in the _Advice_, by such inducements, they were soon undeceived. "Unblemished reputation" was no protection; and the proceedings at the trials were swift, summary, and conclusive.

It may be proper, at this point, to inquire what was meant by the peculiar phraseology of the _third_, _fifth_, _seventh_, and latter part of the _fourth_, Sections. It is difficult, writing as Cotton Mather often did, and had great skill in doing, in what Calef calls "the ambidexter" style, to ascertain his ideas. After the reaction had taken effect in the public mind, and he was put upon the defensive, he had much to say about some difference between him and the Judges. It clearly had nothing to do with the "admission" of spectral evidence; for that was the point on which the opinion of the Ministers was asked, and on which he voluntarily proffered remarks in his letter to one of the Judges, Richards. If he had been opposed to its "admission," nothing would have been easier, safer, or more demanded by the truth and his own honor, than for him to have said so. Indeed, his writings everywhere show that he was almost a _one idea_ man, on the subject of spectres; and, in some way or form, deemed their evidence indispensable and reliable. He, evidently, had some favorite plan or scheme, as to the method in which that kind of evidence was to be handled; and it was because he could not get it carried into effect, and for this reason alone, so far as we can discover, that he disapproved of the methods actually pursued by the Court. He never disclosed his plan, but shrunk from explaining it at length, "as too Icarian and presumptuous" a task for him to undertake. Let us see if we can glean his ideas from his writings.

I call attention, in the first place, to the following clause, in his letter to Richards: "If, upon the bare supposal of a poor creature's being represented by a spectre, too great a progress be made by the authority, in ruining a poor neighbour so represented, it may be that a door may be thereby opened for the Devils to obtain from the Courts, in the invisible world, a license to proceed unto most hideous desolations upon the repute and repose of such as have been kept from the great transgression."

"Too great a progress" conveys the suggestion that, upon the introduction of spectral evidence, there should be a delay in the proceedings of the Court, for some intermediate steps to be taken, before going on with the trial.

We gather other intimations, to this effect, from other pa.s.sages, as follows: "Now, in my visiting of the miserable, I was always of this opinion, that we were ignorant of what power the Devils might have, to do their mischiefs in the shapes of some that had never been explicitly engaged in diabolical confederacies, and that therefore, though many witchcrafts had been fairly detected on enquiries provoked and begun by spectral exhibitions, yet we could not easily be too jealous of the snares laid for us in the device of Satan. The world knows how many pages I have composed and published, and particular gentlemen in the Government know how many letters I have written, to prevent the excessive credit of spectral accusations; wherefore I have still charged the afflicted that they should cry out of n.o.body for afflicting them; but that, if this might be any advantage, they might privately tell their minds to some one person of discretion enough to make no ill use of their communications; accordingly there has been this effect of it, that the name of no one good person in the world ever came under any blemish by means of an afflicted person that fell under my particular cognizance; yea, no one man, woman, or child ever came into any trouble, for the sake of any that were afflicted, after I had once begun to look after them. How often have I had this thrown into my dish, 'that many years ago I had an opportunity to have brought forth such people as have, in the late storm of witchcraft, been complained of, but that I smothered it all'; and after that storm was raised at Salem, I did myself offer to provide meat, drink, and lodging for no less than six of the afflicted, that so an experiment might be made, whether prayer, with fasting, upon the removal of the distressed, might not put a period to the trouble then rising, without giving the civil authority the trouble of prosecuting those things, which nothing but a conscientious regard unto the cries of miserable families could have overcome the reluctance of the honorable Judges to meddle with. In short, I do humbly but freely affirm it, there is not a man living in this world who has been more desirous, than the poor man I, to shelter my neighbors from the inconveniences of spectral outcries; yea, I am very jealous I have done so much that way, as to sin in what I have done; such have been the cowardice and fearfulness where unto my regard to the dissatisfaction of other people has precipitated me. I know a man in the world, who has thought he has been able to convict some such witches as ought to die; but his respect unto the public peace has caused him rather to try whether he could not renew them by repentance."--_Calef_, 11.

The careful reader will notice that "six of the afflicted," at Salem Village, would have included nearly the whole circle of the accusing girls there. If he had been allowed to take them into his exclusive keeping, he would have had the whole thing in his own hands.

In his account of "the afflictions of Margaret Rule," printed by Calef, in his book, and from which the foregoing extracts have been made speaking of the "eight cursed spectres" with which she was a.s.saulted, in the fall of 1693, Mather says: "She was very careful of my reiterated charges, _to forbear blazing their names_, lest any good person should come to suffer any blast of reputation, through the cunning malice of the great accuser; nevertheless, having since privately named them to myself, I will venture to say this of them, that they are a sort of wretches who, for these many years, have gone under as violent presumptions of witchcraft as, perhaps, any creatures yet living upon earth; although I am far from thinking that the visions of this young woman were evidence enough to prove them so."--_Calef_, 4.

The following is from his _Wonders of the Invisible World_, 12: "If once a witch do ingeniously confess among us, no more spectres do, in their shapes, after this, trouble the vicinage; if any guilty creatures will accordingly, to so good purpose, confess their crime to any Minister of G.o.d, and get out of the snare of the Devil, as no Minister will discover such a conscientious confession, so, I believe, none in the authority will press him to discover it, but rejoice in a soul saved from death."

In his _Life of Phips_, he says: "In fine, the country was in a dreadful ferment, and wise men foresaw a long train of dismal and b.l.o.o.d.y consequences. Hereupon they first advised, that the _afflicted_ might be kept asunder, in the closest privacy; and one particular person (whom I have cause to know), in pursuance of this advice, offered himself singly to provide accommodations for any six of them, that so the success of more than ordinary prayer, with fasting, might, with patience, be experienced, before any other courses were taken."--_Magnalia_, Book II., p. 62.

Hutchinson gives an extract from a letter, written by John Allyn, Secretary of Connecticut, dated, "HARTFORD, March 18, 1693," to Increase Mather, as follows: "As to what you mention, concerning that poor creature in your town that is afflicted, and mentioned my name to yourself and son, I return you hearty thanks for your intimation about it, and for your charity therein mentioned; and I have great cause to bless G.o.d, who, of his mercy hitherto, hath not left me to fall into such an horrid evil."--_History_, ii., 61, note.

Further, it was on account of some particular plan, in reference to the management of this description of evidence, I am inclined to think, that he felt the importance of being present at the trials. For this reason, he laments the illness that prevented his accompanying Richards to the Court, at its opening, on the second of June, to "a.s.sist the n.o.ble service," as he says, "with the utmost of my little skill and care."

This language shows conclusively, by the way, the great influence he had, at that time, in directing the Government, particularly the Court.

He would not have addressed one of the Judges, in such terms, had he not felt that his "skill and care" would be recognized and permitted to take effect. We may well lament, with him, that he could not have been present at the first trial. It would not, then, have been left to conjecture and scrutiny, to determine what his plan was; and an open attempt, to bring the Court to adopt it, might have given another turn to affairs.

In his Diary, on the twenty-ninth of April, is the following: "This day I obtained help of G.o.d, that he would make use of me, as of a John, to be a herald of the Lord's Kingdom, now approaching." "My prayers did especially insist upon the horrible enchantments and possessions, broke forth in Salem Village, things of a most prodigious aspect, a good issue to those things, and my own direction and protection thereabouts, I did especially pet.i.tion for."

The date of this entry is important. On the eleventh, nineteenth, and twenty second of April, impressive scenes had been exhibited at Salem Village. Some of the most conspicuous cases of the preliminary examinations of persons arrested had occurred. The necessary steps were then being taken to follow up those examinations with a procedure that would excite the country to the highest pitch. The arrangements, kept concealed at Salem, and unsuspected by the public at large, were made and perfected in Boston. On the day after the date of the foregoing memorandum, a Magistrate in that place issued the proper order for the arrest of the Rev. George Burroughs; and officers were started express to Maine for that purpose. This was "the most prodigious aspect of affairs" at the time. All the circ.u.mstances must have been known by Mather. Hence his earnest solicitude that proceedings should be conducted under his own "direction and protection." The use of these terms, looks as if Mather contemplated the preliminary examinations as to take place under his direction and management, and will be borne in mind, when we come to consider the question of his having been, more or less, present at them.

Disposed to take the most favorable and charitable view of such pa.s.sages as have now been presented, I would gather from them that his mind may have recurred to his original and favorite idea, that prayer and fasting were the proper weapons to wield against witchcraft; but if they failed, then recourse was to be had to the terrors of the law. He desired to have the afflicted and the accused placed under the treatment of some one person, of discretion enough to make no ill use of their communications, to whom "they might privately tell their minds," and who, without "noise, company and openness," could keep, under his own control, the dread secrets of the former and exorcise the latter. He was willing, and desirous, of occupying this position himself, and of taking its responsibility. To signify this, he offered to provide "meat, drink, and lodging" for six of the afflicted children; to keep them "asunder in the closest privacy;" to be the recipient of their visions; and then to look after the accused, for the purpose of inducing them to confess and break loose from their league with Satan; to be exempt, except when he thought proper to do it, from giving testimony in Court, against parties accused; and to communicate with persons, thus secretly complained of, as he and his father afterwards did with the Secretary of Connecticut, and taking, as in that case, if he saw fit, a bare denial as sufficient for "sheltering" them, altogether, by keeping the accusation a profound secret in his own breast, as he acknowledges he had done to a considerable extent--at once claiming and confessing that he had "done so much that way, as to sin in what he had done."

In language that indicates a correspondence and familiarity of intercourse with persons, acting on the spot, at Salem Village, such as authorized him to speak for them, he gives us to understand that they concurred with him in his proposed method of treating the cases: "There are very worthy men, who, having, been called by G.o.d, when and where this witchcraft first appeared upon the stage, to encounter it, are earnestly desirous to have it sifted unto the bottom of it." "Persons, thus disposed, have been men eminent for wisdom and virtue." "They would gladly contrive and receive an expedient, how the shedding of blood might be spared, by the recovery of witches not beyond the reach of pardon.

And, after all, they invite all good men, in terms to this purpose."

"Being amazed at the number and quality of those accused, of late, we do not know but Satan by his wiles may have enwrapt some innocent persons; and therefore should earnestly and humbly desire the most critical inquiry, upon the place, to find out the fallacy."--_Wonders_, 11.

Indeed, Parris and his coadjutors, at Salem Village, to whom these pa.s.sages refer, had, without authority, been, all along, exercising the functions Mather desired to have bestowed upon him, by authority. They had kept a controlling communication with the "afflicted children;"

determined who were to be cried out publicly against, and when; rebuked and repressed the calling out, by name, of the Rev. Samuel Willard and many other persons, of both s.e.xes, of "quality," in Boston; and arranged and managed matters, generally.

The conjecture I have ventured to make, as to Mather's plan of procedure, explains, as the reader will perceive, by turning back to the Minister's _Advice_, [_Pages 21, 22, ante_] much of the phraseology of that curious doc.u.ment. "Very critical and exquisite caution," in the _third_ Section; "that all proceedings thereabout be managed with an exceeding tenderness towards those that may be complained of," in the _fourth_; "we could wish that there may be admitted as little as possible of such noise, company and openness, as may too hastily expose them that are examined," in the _fifth_; and the entire _seventh_ Section, expressly authorize the suppression, disregard, and _disbelief_, of _some_ of the Devil's accusations, on the grounds of expediency and public policy.

Mather's necessary absence from the Court, at its first Session, prevented his "skill and care" being availed of, or any attempt being made to bring forward his plan. The proceedings, having thus commenced in an ordinary way, were continued at the several adjournments of the Court; and his experiment was never made.

The fallacy of his ideas and the impracticability of his scheme must, indeed, have become evident, at the first moment it was brought under consideration. Inexperienced and blinded, as they were, by the delusions of the time and the excitements of the scene, and disposed, as they must have been, by all considerations, to comply with his wishes, the Judges had sense enough left to see that it would never do to take the course he desired. The trials could not, in that event, have gone on at all.

The very first step would have been to abrogate their own functions as a Court; pa.s.s the accusers and accused over to his hands; and adjourn to wait his call. If the spectre evidence had been excluded from the "noise, confusion and openness" of the public Court-room, there would have been nothing left to go upon. If it had been admitted, under any conditions or limitations, merely to disclose matter of "presumption," a fatal difficulty would meet the first step of the enquiry. To the question, "Who hurts you?" no answer could be allowed to be given; and the "_Minister_," to whom the witness had confidentially given the names of persons whose spectres had tormented her, sitting, perhaps, in the Court-room at the time, would have to countenance the suppression of the evidence, and not be liable to be called to the stand to divulge his knowledge.

The attempt to leave the accusers and the accused to be treated by the Minister selected for the purpose, in secure privacy, would have dissolved the Court before it had begun; and if this was what Mather meant when, afterwards, at any time, he endeavored to throw off the responsibility of the proceedings, by intimating that his proffered suggestions and services were disregarded, his complaint was most unreasonable. The truth is, the proposal was wholly inadmissible, and could not have been carried into effect.

Besides, it would have overthrown the whole system of organized society, and given to whomsoever the management of the cases had thus, for the time, been relinquished, a power too fearful to be thought of, as lodged in one man, or in any private person. If he, or any other person, had been allowed by the Court to a.s.sume such an office, and had been known to hold, in secret custody, the accusing parties, receiving their confidential communications, to act upon them as he saw fit--sheltering some from prosecution and returning others to be proceeded against by the Court, which would be equivalent to a conviction and execution--it would have inaugurated a reign of terror, such as had not even then been approached, and which no community could bear. Every man and woman would have felt in the extremest peril, hanging upon the will of an irresponsible arbiter of life and death.

Parris and his a.s.sociates, acting without authority and in a limited sphere, had tried this experiment; had spread abroad, terror, havoc, and ruin; and incensed the surrounding region with a madness it took generations to allay.

To have thought, for a moment, that it was desirable to be invested with such a power, "by the authority," shows how ignorant Cotton Mather was of human nature. However innocent, upright, or benevolent might be its exercise, he would have been a.s.sailed by animosities of the deepest, and approaches of the basest, kind. A hatred and a sycophancy, such as no Priest, Pope, or despot before, had encountered, would have been brought against him. He would have been a.s.sailed by the temptation, and aspersed by the imputation, of "Hush money," from all quarters; and, ultimately, the whole country would have risen against what would have been regarded as a universal levy of "Black Mail." Whoever, at any time, in any country, should undertake such an office as this, would be, in the end, the victim of the outraged sensibilities and pa.s.sions of humanity. How long could it be endured, any where, if all men were liable to receive, from one authorized and enabled to determine their fate, such a missive as the Mathers addressed to the Secretary of Connecticut, and, at the best, to be beholden, as he felt himself to be, to the "charity" that might prevent their being exposed and prosecuted to the ruin of their reputation, if not to an ignominious death?

Calef, alluding to Mather's pretensions to having been actuated by "exceeding tenderness towards persons complained of," expresses the sentiments all would feel, in such a condition of dependence upon the "charity" of one, armed with such fatal power over them: "These are some of the destructive notions of this age; and however the a.s.serters of them seem sometimes to value themselves much upon sheltering their neighbors from spectral accusations, they may deserve as much thanks as that Tyrant, that having industriously obtained an unintelligible charge against his subjects, in matters wherein it was impossible they should be guilty, having thereby their lives in his power, yet suffers them of his mere grace to live, and will be called gracious Lord!"--_Preface._

The mere suspicion that some persons were behind the scene, exercising this power of pointing out some for prosecution and sheltering some from trial or arrest, produced, as Phips says, "a strange ferment of dissatisfaction," threatening to kindle "an inextinguishable flame."

Brattle complained of it bitterly: "This occasions much discourse and many hot words, and is a very great scandal and stumbling block to many good people; certainly distributive justice should have its course, without respect to persons; and, although the said Mrs. Thatcher be mother-in-law to Mr. Curwin, who is one of the Justices and Judges, yet, if justice and conscience do oblige them to apprehend others on account of the afflicted their complaints, I cannot see how, without injustice and violence to conscience, Mrs. Thatcher can escape, when it is well known how much she is, and has been, complained of."--Letter dated October 8th, 1692, in the _Ma.s.sachusetts Historical Society's Collections_, I., v., 69.

Hezekial Usher, an eminent citizen of Boston, was arrested by Joseph Lynde, one of the Council, but suffered to remain, "for above a fortnight," in a private house, and afterwards to leave the Province.

Brattle "cannot but admire" at this, and says: "Methinks that same justice, that actually imprisoned others, and refused bail for them, on any terms, should not be satisfied without actually imprisoning Mr. U., and refusing bail for him, when his case is known to be the very same with the case of those others."