step was necessary. It is, indeed, remarkable, that, in the face of their own recorded convictions of expediency and propriety, and in disregard of the provisions of the Charter which, a few days before, they had been sworn to obey, the Council could have been led to so far "take counsel of passion," as to rush over every barrier to this precipitate measure.
No specific reference is anywhere made, in the Journals, to Witchcraft; but the Court was to act upon all cases of felony and other crimes. The "Council Records" were not obtained from England, until 1846. Writers have generally spoken of the Court as consisting of seven Judges. Saltonstall's resignation does not appear to have led to a new appointment; and, perhaps, Hathorne, who generally acted as an Examining Magistrate, and signed most of the Commitments of the prisoners, did not often, if ever, sit as a Judge. In this way, the Court may have been reduced to seven. Stephen Sewall was appointed Clerk, and George Corwin, High Sheriff.
Thus established and organized, on the twenty-seventh of May, the Court sat, on the second of June, for the trial of Bridget Bishop. Her Death-warrant was signed, on the eighth of June, the very day the Legislature convened; and she was executed on the tenth. This was, indeed, "precipitancy." Before the General Court had time, possibly, to make "an establishment of Courts of Justice" in the exercise of the powers bestowed upon it by the Charter, this Special Court—suddenly sprung upon the country, against the deliberate first judgment of the Council itself, and not called for by any emergency of the moment which the General Court, just coming on the stage, could not legally, constitutionally, and adequately, have met—dipped its hands in blood; and an infatuated and appalled people and their representatives allowed the wheels of the Juggernaut to roll on.
The question, who are responsible for the creation, in such hot haste, of this Court, and for its instant entrance upon its ruthless work, may not be fully and specifically answered, with absolute demonstration, but we may approach a satisfactory solution of it. We know that a word from either of the Mathers would have stopped it. Their relations to the Government were, then, controlling. Further, if, at that time, either of the other leading Ministers—Willard, or Allen—had demanded delay, it would have been necessary to pause; but none appear to have made open opposition; and all must share in the responsibility for subsequent events.
Phips says that the affair at Salem Village was represented to him as "much like that of Sweden, about thirty years ago." This Swedish case was Cotton Mather's special topic. In his Wonders of the Invisible World, he says that "other good people have in this way been harassed, but none in circumstances more like to ours, than the people of God in Sweedland." He introduces, into the Wonders, a separate account of it; and reproduces it in his Life of Phips, incorporated subsequently into the Magnalia. The first point he makes, in presenting this case, is as follows: "The inhabitants had earnestly sought God in prayer, and yet their affliction continued. Whereupon Judges had a Special Commission to find, and root out the hellish crew; and the rather, because another County in the Kingdom, which had been so molested, was delivered upon the execution of the Witches."—The Wonders of the Invisible World. Edit. London, 1693, p. 48.
The importance attached by Cotton Mather to the affair in Sweden, especially viewed in connection with the foregoing extract, indicates that the change, I have conjectured, had come over him, as to the way to deal with Witches; and that he had reached the conclusion that prayer would not, and nothing but the gallows could, answer the emergency. In the Swedish case, was found the precedent for a "Special Commission of Oyer and Terminer."
Well might the Governor have felt the importance of relieving himself, as far as possible, from the responsibility of having organized such a Court, and of throwing it upon his advisers. The tribunal consisted of the Deputy-governor, as Chief-justice, and eight other persons, all members of the Council, and each, as has been shown, owing his seat, at that Board, to the Mathers.
The recent publication of this letter of Governor Phips enables us now to explain certain circumstances, before hardly intelligible, and to appreciate the extent of the outrages committed by those who controlled the administration of the Province, during the Witchcraft trials.
In 1767, Andrew Oliver, then Secretary of the Province, was directed to search the Records of the Government to ascertain precedents, touching a point of much interest at that time. From his Report, part of which is given in Drake's invaluable History of Boston, [p. 728] it appears that the Deputy-governor, Stoughton, by the appointment of the Governor, attended by the Secretary, administered the oaths to the members of the House of Representatives, convened on the eighth of June, 1692; that, as Deputy-governor, he sat in Council, generally, during that year, and was, besides, annually elected to the Council, until his death, in 1701. All that time, he was sitting, in the double capacity of an ex-officio and an elected member; and for much the greater part of it, in the absence of Phips, as acting Governor. The Records show that he sat in Council when Sir William Phips was present, and presided over it, when he was not present, and ever after Phips's decease, until a new Governor came over in 1699. His annual election, by the House of Representatives, as one of the twenty-eight Councillors, while, as Deputy or acting Governor, he was entitled to a seat, is quite remarkable. It gave him a distinct legislative character, and a right, as an elected member of the body, to vote and act, directly, in all cases, without restraint or embarrassment, in debate and on Committees, in the making, as well as administering, the law.
In the letter now under consideration, Governor Phips says: "I was almost the whole time of the proceeding abroad, in the Service of their Majesties in the Eastern part of the country."
The whole tenor of the letter leaves an impression that, being so much away from the scene, in frequent and long absences, he was not cognizant of what was going on. He depended "upon the judgment of the Court," as to its methods of proceeding; and was surprised when those methods were brought to his attention. Feeling his own incapacity to handle such a business, he was willing to leave it to those who ought to have been more competent. Indeed, he passed the whole matter over to the Deputy-governor. In a letter, for which I am indebted to Mr. Goodell, dated the twentieth of February, 1693, to the Earl of Nottingham, transmitting copies of laws passed by the General Court, Governor Phips says: "Not being versed in law, I have depended upon the Lieut Govr, who is appointed Judge of the Courts, to see that they be exactly agreeable to the laws of England, and not repugnant in any part. If there be any error, I know it will not escape your observation, and desire a check may be given for what may be amiss."
The closing sentence looks somewhat like a want of confidence in the legal capacity and judgment of Stoughton, owing perhaps, to the bad work he had made at the Salem trials, the Summer before; but the whole passage shows that Phips, conscious of his own ignorance of such things, left them wholly to the Chief-justice.
The Records show that he sat in Council to the close of the Legislature, on the second of July. But the main business was, evidently, under the management of Stoughton, who was Chairman of a large Joint Committee, charged with adjusting the whole body of the laws to the transition of the Colony, from an independent Government, under the first Charter, to the condition of a subject Province.
One person had been tried and executed; and the Court was holding its second Session when the Legislature adjourned. Phips went to the eastward, immediately after the eighth of July. Again, on the first of August, he embarked from Boston with a force of four hundred and fifty men, for the mouth of the Kennebec. In the Archives of Massachusetts, Secretary's office, State House, Vol. LI., p. 9, is the original document, signed by Phips, dated on the first of August, 1692, turning over the Government to Stoughton, during his absence. It appears by Church's Eastern Expeditions, Part II., p. 82, edited by H. M. Dexter, and published by Wiggin & Lunt, Boston, 1867, that, during a considerable part of the month of August, the Governor must have been absent, engaged in important operations on the coast of Maine. About the middle of September, he went again to the Kennebec, not returning until a short time before the twelfth of October. In the course of the year, he also was absent for a while in Rhode Island. Although an energetic and active man, he had as much on his hands, arising out
