No instance of the responsibility of particular persons for the acts of a Government, in the whole range of history, is more decisive or unquestionable, than that of the Mathers, father and son, for the trials and executions, for the alleged crime of Witchcraft, at Salem, in 1692.
Increase Mather had been in England, as one of the Agents of the Colony of Massachusetts, for several years, in the last part of the reign of James II. and the beginning of that of William and Mary, covering much of the period between the abrogation of the first Charter and the establishment of the Province under the second Charter. Circumstances had conspired to give him great influence in organizing the Government provided for in the new Charter. His son describes him as "one that, besides a station in the Church of God, as considerable as any that his own country can afford, hath for divers years come off with honor, in his application to three crowned heads and the chiefest nobility of three kingdoms."
Being satisfied that a restoration of the old Charter could not be obtained, Increase Mather acquiesced in what he deemed a necessity, and bent his efforts to have as favorable terms as possible secured in the new. His colleagues in the agency, Elisha Cooke and Thomas Oaks, opposed his course--the former, with great determination, taking the ground of the "old Charter or none." This threw them out of all communication with the Home Government, on the subject, and gave to Mr. Mather controlling influence. He was requested by the Ministers of the Crown to name the officers of the new Government; and, in fact, had the free and sole selection of them all. Sir William Phips was appointed Governor, at his solicitation; and, in accordance with earnest recommendations, in a letter from Cotton Mather, William Stoughton was appointed Deputy-governor, thereby superceding Danforth, one of the ablest men in the Province. In fact, every member of the Council owed his seat to the Mathers, and, politically, was their creature. Great was the exultation of Cotton Mather, when the intelligence reached him, thus expressed in his Diary: "The time for favor is now come, yea, the set-time is come. I am now to receive the answers of so many prayers, as have been employed for my absent parent, and the deliverance and settlement of my poor country. We have not the former Charter, but we have a better in the room of it; one which much better suits our circumstances. And, instead of my being made a sacrifice to wicked rulers, all the Councillors of the Province are of my father's nomination; and my father-in-law, with several related to me, and several brethren of my own Church, are among them. The Governor of the Province is not my enemy, but one whom I baptized, namely, Sir William Phips, and one of my flock, and one of my dearest friends."
The whole number of Councillors was twenty-eight, three of them, at least, being of the Mather Church. John Phillips was Cotton Mather's father-in-law. Two years before, Sir William Phips had been baptized by Cotton Mather, in the presence of the congregation, and received into the Church.
The "set-time," so long prayed for, was of brief duration. The influence of the Mathers over the politics of the Province was limited to the first part of Phips's short administration. At the very next election, in May, 1693, ten of the Councillors were left out; and Elisha Cooke, their great opponent, was chosen to that body, although negatived by Phips, in the exercise of his prerogative, under the Charter.
Increase Mather came over in the same ship with the Governor, the _Nonsuch_, frigate. As Phips was his parishioner, owed to him his office, and was necessarily thrown into close intimacy, during the long voyage, he fell naturally under his influence, which, all things considered, could not have failed to be controlling. The Governor was an illiterate person, but of generous, confiding, and susceptible impulses; and the elder Mather was precisely fitted to acquire an ascendency over such a character. He had been twice abroad, in his early manhood and in his later years, had knowledge of the world, been conversant with learned men in Colleges and among distinguished Divines and Statesmen, and seen much of Courts and the operations of Governments. With a more extended experience and observation than his son, his deportment was more dignified, and his judgment infinitely better; while his talents and acquirements were not far, if at all, inferior. When Phips landed in Boston, it could not, therefore, have been otherwise than that he should pass under the control of the Mathers, the one accompanying, the other meeting him on the shore. They were his religious teachers and guides; by their efficient patronage and exertions he had been placed in his high office. They, his Deputy, Stoughton, and the whole class of persons under their influence, at once gathered about him, gave him his first impressions, and directed his movements. By their talents and position, the Mathers controlled the people, and kept open a channel through which they could reach the ear of Royalty. The Government of the Province was nominally in Phips and his Council, but the Mathers were a power behind the throne greater than the throne itself. The following letter, never before published, for which I am indebted to Abner C. Goodell, Esq., Vice-president of the Essex Institute, shows how they bore themselves before the Legislature, and communicated with the Home Government.
"MY LORD:
"I have only to assure your Lordship, that the generality of their Majesties subjects (so far as I can understand) do, with all thankfulness, receive the favors, which, by the new Charter, are granted to them. The last week, the General Assembly (which, your Lordship knows, is our New England Parliament) convened at Boston.
I did then exhort them to make an Address of thanks to their Majesties; which, I am since informed, the Assembly have unanimously agreed to do, as in duty they are bound. I have also acquainted the whole Assembly, how much, not myself only, but they, and all this Province, are obliged to your Lordship in particular, which they have a grateful sense of, as by letters from themselves your Lordship will perceive. If I may, in any thing, serve their Majesties interest here, I shall, on that account, think myself happy, and shall always study to approve myself, My Lord,
"Your most humble, thankful and obedient Servant, INCREASE MATHER.
"BOSTON, N. E.
June 23, 1692.
"To the Rt. Hon^ble the _Earl of Nottingham_, his Maj^ties Principal Secretary of State at Whitehall."
While they could thus address the General Assembly, and the Ministers of State, in London, the Government here was, as Hutchinson evidently regarded it, [_i., 365; ii., 69._] "a MATHER ADMINISTRATION." It was "short, sharp, and decisive." It opened in great power; its course was marked with terror and havoc; it ended with mysterious suddenness; and its only monument is Salem Witchcraft--the "_judicial murder_," as the Reviewer calls it, of twenty men and women, as innocent in their lives as they were heroic in their deaths.
The _Nonsuch_ arrived in Boston harbor, towards the evening of the fourteenth of May, 1692. Judge Sewall's Diary, now in the possession of the Massachusetts Historical Society, has this entry, at the above date.
"Candles are lighted before he gets into Town House, 8 companies wait on him to his house, and then on Mr. Mather to his, made no vollies, because 'twas Saturday night."
The next day, the Governor attended, we may be sure, public worship with the congregation to which he belonged; and the occasion was undoubtedly duly noticed. After so long an absence, Increase Mather could not have failed to address his people, the son also taking part in the interesting service. The presence, in his pew, of the man who, a short time before, had been regenerated by their preaching, and now re-appeared among them with the title and commission of Governor of New England, added to the previous honors of Knighthood, at once suggested to all, and particularly impressed upon him, an appreciating conviction of the political triumph, as well as clerical achievement, of the associate Ministers of the North Boston Church. From what we know of the state of the public mind at that time, as emphatically described in a document I am presently to produce, there can be no question as to one class of topics and exhortations, wherewithal his Excellency and the crowded congregation were, that day, entertained.
Monday, the sixteenth, was devoted to the ceremonies of the public induction of the new Government. There was a procession to the Town-house, where the Commissions of the Governor and Deputy-governor, with the Charter under which they were appointed, were severally read aloud to the people. A public dinner followed; and, at its close, Sir William was escorted to his residence. At the meeting of the Council, the next day, the seventeenth, the oaths of office having been administered, all round, it was voted "that there be a general meeting of the Council upon Tuesday next, the twenty-fourth of May current, in Boston, at two o'clock, post-meridian, to nominate and appoint Judges, Justices, and other officers of the Council and Courts of Justice within this their Majesties' Province belonging, and that notice thereof, or summons, be forthwith issued unto the members of the Council now absent."
The following letter from Sir William Phips, to the Government at home, recently procured from England by Mr. Goodell, was published in the last volume of the _Collections of the Essex Institute_--Volume IX., Part II.
I print it, entire, and request the reader to examine it, carefully, and to refer to it as occasion arises in this discussion, as it is a key to the whole transaction of the Witchcraft trials. Its opening sentence demonstrates the impression made by those who first met and surrounded him, on his excitable nature:
"When I first arrived, I found this Province miserably harassed with a most horrible witchcraft or possession of devils, which had broke in upon several towns, some scores of poor people were taken with preternatural torments, some scalded with brimstone, some had pins stuck in their flesh, others hurried into the fire and water, and some dragged out of their houses and carried over the tops of trees and hills for many miles together; it hath been represented to me much like that of Sweden about thirty years ago; and there were many committed to prison upon suspicion of Witchcraft before my arrival.
The loud cries and clamours of the friends of the afflicted people, with the advice of the Deputy-governor and many others, prevailed with me to give a Commission of Oyer and Terminer for discovering what Witchcraft might be at the bottom, or whether it were not a possession. The chief Judge in this Commission was the Deputy-governor, and the rest were persons of the best prudence and figure that could then be pitched upon. When the Court came to sit at Salem, in the County of Essex, they convicted more than twenty persons being guilty of witchcraft, some of the convicted confessed their guilt; the Court, as I understand, began their proceedings with the accusations of afflicted persons; and then went upon other humane evidences to strengthen that. I was, almost the whole time of the proceeding, abroad in the service of their Majesties, in the Eastern part of the country, and depended upon the judgment of the Court, as to a method of proceeding in cases of witchcraft; but when I came home I found many persons in a strange ferment of dissatisfaction, which was increased by some hot spirits that blew up the flame; but on inquiring into the matter I found that the Devil had taken upon him the name and shape of several persons who were doubtless innocent, and, to my certain knowledge, of good reputation; for which cause I have now forbidden the committing of any more that shall be accused, without unavoidable necessity, and those that have been committed I would shelter from any proceedings against them wherein there may be the least suspicion of any wrong to be done unto the innocent. I would also wait for any particular directions or commands, if their Majesties please to give me any, for the fuller ordering this perplexed affair.
"I have also put a stop to the printing of any discourses one way or other, that may increase the needless disputes of people upon this occasion, because I saw a likelihood of kindling an inextinguishable flame if I should admit any public and open contests; and I have grieved to see that some, who should have done their Majesties, and this Province, better service, have so far taken council of passion as to desire the precipitancy of these matters; these things have been improved by some to give me many interruptions in their Majesties service [_which_] has been hereby unhappily clogged, and the persons, who have made so ill improvement of these matters here, are seeking to turn it upon me, but I hereby declare, that as soon as I came from fighting against their Majesties enemies, and understood what danger some of their innocent subjects might be exposed to, if the evidence of the afflicted persons only did prevail, either to the committing, or trying any of them, I did, before any application was made unto me about it, put a stop to the proceedings of the Court and they are now stopped till their Majesties pleasure be known. Sir, I beg pardon for giving you all this trouble; the reason is because I know my enemies are seeking to turn it all upon me. Sir,
"I am Your most humble Serv^t WILLIAM PHIPS.
"Dated at BOSTON IN NEW ENGLAND, the 14th of Oct^r 1692.
"MEM^DM
"That my Lord President be pleased to acquaint his Majesty in Council with the account received from New England, from Sir W^m Phips, the Governor there, touching proceedings against several persons for Witchcraft, as appears by the Governor's letter concerning those matters."
The foregoing document, I repeat, indicates the kind of talk with which Phips was accosted, when stepping ashore. Exaggerated representations of the astonishing occurrences at Salem Village burst upon him from all, whom he would have been likely to meet. The manner in which the Mathers, through him, had got exclusive possession of the Government of the Province, probably kept him from mingling freely among, or having much opportunity to meet, any leading men, outside of his Council and the party represented therein. Writing in the ensuing October, at the moment when he had made up his mind to break loose from those who had led him to the hasty appointment of the Special Court, there is significance in his language. "I have grieved to see that some, who should have done their Majesties, and the Province, better service, have so far taken counsel of passion, as to desire the precipitancy of these matters."
This refers to, and amounts to a condemnation of, the advisers who had influenced him to the rash measures adopted on his arrival. How rash and precipitate those measures were I now proceed to show.
V.
THE SPECIAL COURT OF OYER AND TERMINER. HOW IT WAS ESTABLISHED. WHO RESPONSIBLE FOR IT. THE GOVERNMENT OF THE PROVINCE CONCENTRATED IN ITS CHIEF-JUSTICE.
So great was the pressure made upon Sir William Phips, by the wild panic to which the community had been wrought, that he ordered the persons who had been committed to prison by the Salem Magistrates, to be put in irons; but his natural kindness of heart and common sense led him to relax the unjustifiable severity. Professor Bowen, in his _Life of Phips_, embraced in Sparks's _American Biography_, [_vii., 81._] says: "Sir William seems not to have been in earnest in the proceeding; for the officers were permitted to evade the order, by putting on the irons indeed, but taking them off again, immediately."
On Tuesday, the twenty-fourth of May, the Council met to consider the matter specially assigned to that day, namely, the nomination and appointment of Judicial officers.
The Governor gave notice that he had issued Writs for the election of Representatives to convene in a General Court, to be held on the eighth of June.
He also laid before the Council, the assigned business, which was "accordingly attended, and divers persons, in the respective Counties were named, and left for further consideration."
On the twenty-fifth of May, the Council being again in session, the record says: "a further discourse was had about persons, in the several Counties, for Justices and other officers, and it was judged advisable to defer the consideration of fit persons for Judges, until there be an establishment of Courts of Justice."
At the next meeting, on the twenty-seventh of May, it was ordered that the members of the Council, severally, and their Secretary, should be Justices of the Peace and Quorum, in the respective Counties where they reside: a long list, besides, was adopted, appointing the persons named in it Justices, as also Sheriffs and Coroners; and a SPECIAL COURT OF OYER AND TERMINER was established for the Counties of Suffolk, Essex, and Middlesex, consisting of William Stoughton, Chief-justice, John Richards, Nathaniel Saltonstall, Wait Winthrop, Bartholomew Gedney, Samuel Sewall, John Hathorne, Jonathan Corwin, and Peter Sargent, any five of them to be a quorum (Stoughton, Richards, or Gedney to be one of the five).
When we consider that the subject had been specially assigned on the seventeenth, and discussed for two days, on the twenty-fourth and twenty-fifth, to the conclusion that the appointment of Judges ought to be deferred, "_until there be an establishment of Courts of Justice_,"--which by the Charter, could only be done by the General Court which was to meet, as the Governor had notified them, in less than a fortnight--the establishment of the Court of Oyer and Terminer, on the twenty-seventh, must be regarded as very extraordinary. It was acknowledged to be an unauthorized procedure; the deliberate judgment of the Council had been expressed against it; and there was no occasion for such hurry, as the Legislature was so soon to assemble. There must have been a strong outside pressure, from some quarter, to produce such a change of front. From Wednesday to Friday, some persons of great influence must have been hard at work. The reasons assigned, in the record, for this sudden reversal, by the Council, of its deliberate decision, are the great number of criminals waiting trial, the thronged condition of the jails, and "this hot season of the year," on the twenty-seventh of May! It is further stated, "there being no judicatures or Courts of Justice yet established," that, therefore, such an extraordinary 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 Lieu^t Gov^r, 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.