authorized expounders of the law were seen to take part against the accused, the mighty conservative element in the community was summoned to the oppressor's side. In the judgment of an important and habitually venerated class, to interpose for the sufferers was to speak evil of dignities and associate one's self with those who sought to unsettle the foundations of society. In such circumstances, the more enlightened lovers of Law and Order of Order, which can never be permanently dissociated from humanity of Law, which justice always ought to underlie and inform -were forced into a false position. To manifest their loyalty many felt themselves bound, in conscience and duty, to do violence to their sentiments of justice, humanity, and honor. They were placed at a great disadvantage for any useful interference, when they could only attempt it at the cost of seeming to take a factious part, which in truth they loathed. When they echoed the maxims of Stoughton and his set, they were in much the same state of mind as were the loyal citizens of the same community who, a hundred and sixty years later, presented their thanks to the champion of the Fugitive Slave Bill for refreshing their sense of obligation in respect to the demands of that enactment.1

1 Robert Calef, whose work in controversy with Mather has been quoted from, was a trader in Boston, whose social position, scoffed at by Mather, did not particularly expose him to this class of influences. A sharp correspondence between him and Cotton Mather began as early as January, 1694; but Calef did not publish his protest till five years after the Salem tragedy was over, and till Mather had begun to make another stir with the adventures of Margaret Rule. A vindication of the Mathers against this book was published in 1701, under the names of eight of their parishioners and friends (John Goodwin among them), with the

title, "A Few Remarks upon a Scandalous Book," &c. An elaborate argument against the proceedings at Salem, while they were going on, was placed in the hands of Justice Corwin. But it was not published, and has remained in manuscript. It is subscribed with the initials R. P., under which is written in another hand the name of Robert Pain. But Mr. Upham (II. 449), with much plausibility, argues that Robert Pike, a man of consequence and a Counsellor, was the writer. If he was, it seems that he felt the embarrassments

of his place, and shunned publicity and the appearance of officiousness and of faction. Thomas Brattle

Limitations of the cruelty.

Happily for the present age, it understands the laws of the divine economy and of the human mind otherwise than as they were understood in the time of the Dutch King of England. By reason of opinions now outgrown, twenty innocent persons-not hundreds and thousands of innocent persons, as elsewhere under the same charge -were put to death in Massachusetts in that age. The madness of which they were the victims. raged for about half a year in a part of that Province, mostly in a part of one county, instead of the long periods of time, and the large districts of country, in which it has done its dreadful work elsewhere. Unoffending men and women were put out of the pale of sympathy; were put in gaol, were put in chains, were put to death. And this was sad enough, and bad enough. But they were not burned to death, nor were they tortured upon the rack, nor in the boots, nor by the thumb-screw, as others by

was dissatisfied with the proceedings, and expressed his sentiments in a letter to a friend, in October, 1692. But his letter was confidential, and does not show even to whom it was addressed; and some expressions in it are full of meaning in their connection with the conservative cowardice of the time. "I should be very loath," Brattle writes, "to bring myself into any snare by my freedom with you, and therefore hope that you will put the best construction on what I write, and secure me from such as would interpret my lines otherwise than as they are designed. Obedience to lawful authority I ever accounted a great duty, and willingly I would not practise any thing that might thwart and contradict such a principle. Too many are ready to despise dominions, and speak evil of dignities; and I am sure the mischiefs which arise from a factious and rebellious spirit are very sad and notorious; insomuch that I would sooner

bite my fingers' ends than willingly cast dirt on authority, or any way offer reproach to it. Far, therefore, be it from me to have any thing to do with those men your letter mentions, whom you acknowledge to be men of a factious spirit, and never more in their element than when they are declaiming against men in public place, and contriving methods that tend to the disturbance of the common peace. I never accounted it a credit to my cause to have the good liking of such men. My son,' says Solomon (Prov. xxiv. 21), ' fear thou the Lord and the King, and meddle not with them that are given to change.' (Letter of Thomas Brattle, in Mass. Hist. Col., V. 61.) — The names, also, of Brattle's brother William, and of John Leverett (afterwards President), appear out of place appended to such a document as the Proposals of the President and Fellows of the College to the Ministers. (Magnalia, VI. 2.)

·

superior barbarity have been tortured and killed elsewhere. There is a difference - and this the deluded people of Massachusetts in the worst access of their frenzy knew between doing what is thought needful for security, and making the agonies of the helpless feed the rage of the inhuman and strong. Nor among the many communities in which at different times this shocking infatuation has gained a foothold, is it possible to name one in which reason, courage, and humanity have so soon resumed their sway as in Massachusetts, and so well done their proper office. Nor can a thoughtful mind fail to consider of what stuff some men and women of that stock were made, when twenty of them went to the gallows rather than soil their consciences by the lie of a confession. Nor can even the conduct of the blinded Magistrates be set down as merely brutal fury, when they uniformly pardoned such as acknowledged their offence and promised blameless lives for the future.

CHAPTER V.

THE ship of state was spreading her sails for another venture with the elements. Massachusetts was entering on a new experience. Except during the three years of the despotisms of Dudley's Council and of Andros, that community, during its life of more than sixty years, had substantially made its own laws and conducted its own administration. During a third part of that time, the period of the civil conflict in England,—the political subordination of the Colony to the parent country had been little more than nominal; and during the rest, though there had been repeated menaces on the part of the British ministry, there had been little practical obstruction. Massachusetts was henceforward unquestionably and distinctly a province of the British crown. Her chief executive authority now resided in the King of England, or in the Goverfreedom of nor, his agent and representative. To no small extent a like transfer was made of her legislative power. One branch of her Legislature could not be constituted without the assent of the Governor, who, by the new charter, could reject the election of Counsellors by the General Court. Further, an Act of her Legislature did not become a law till it obtained the Governor's consent. Further yet, every law of hers might be repealed by the King within three years after its enactment. She could not depose the Governor; but she could obstruct him by legislation or by refusing to legislate, and she might hope to deter him from hostility by keeping him in dependence for his living. The struggle to this effect, soon to present itself, was long and arduously conducted, till at length it was crowned with victory to the Province.

Restricted

Massachu

Betts.

Of the objects of the founders, civil and religious liberty, the latter seemed sufficiently attained under the dynasty which succeeded the bigoted Stuarts. As to the former, the people of Massachusetts were not ostensibly deprived of such securities as they had hitherto enjoyed for life, liberty, and property. On the contrary, the charter guarantied to them "all liberties and immunities of free and natural subjects, to all intents, constructions, and purposes whatsoever, as if they and every of them were within the realm of England." Nevertheless, it was undeniable that by the stipulations of that instrument they were henceforward living under laws which they had a very limited discretion in framing, and which would not be allowed to be such as to protect them against plausible schemes of oppression which might be conceived by some British ministry. The administrators of those laws, the judges, could not be commissioned without the Governor's assent. It was not impossible that the provision respecting a right of appeal to the English courts might be abused and made oppressive, though its limitation as to the litigated amount made it applicable only to cases not likely often to arise. It might be anticipated that usurpation on the part of the mother country would take the form of pecuniary imposition. An early movement to obtain security against this was unsuccessfully made, as will presently be seen. But, though express security was not to be had, this encroachment, as things turned out, was not seriously attempted till seventy years more had passed; and, when seriously attempted, then came resistance, revolution, and independence.

Internal

condition

The Province of Massachusetts Bay, as constituted at the opening of this new chapter in her history, may have contained sixty thousand inhab- of Massaitants. These were distributed in seventy-five

chusetts.

1 No certainty is to be had on this the estimates. Cotton Mather says point, and there is great diversity in (Magnalia, I. 23) that "in less than