hanging of witches was the form which a fanatical devotion to law took in Essex County at the end of the seventeenth century. Witchcraft stood on the books as a capital offence; and when the 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 class among the people, 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. 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 convictions 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 for the same supposed offence others by 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 re - sumed their sway as in Massachusetts, and so well done their proper office. Nor is it possible to avoid considering 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. ADMINISTRATIONS OF PHIPPS AND STOUGHTON. July 2. UNDER Sir William Phipps, the internal administration of Massachusetts proceeded in methods much the same as had been followed under the colonial governors. When the court came 1692. together, which was convened by his writ, June 8 William Bond, on his presentation as Speaker of the Deputies, "prayed his Excellency, in their behalf, that there might be allowed unto them the accustomed privileges of an English assembly, which he expected as their due”; namely, freedom of debate, free access to the governor, and security from arrest for themselves and their servants, except for felony and treason, during sessions of the General Court and journeys to and from the place of meeting. A bill establishing a Naval Office was passed, and another June 27. to incorporate the College; but both were June 28. in due time disallowed by the Privy Coun- Aug. 22. cil. Overlooking the power vested in the governor by the new charter to nominate civil officers, Phipps allowed them to be chosen by the Council, — an irregularity, however, which did not pass into precedent. Some necessary financial ar - 1695. rangements were made, and the governor received. authority, on the occurrence of a sufficient exigency, to march the militia of the province into New York or any New England colony. And the Court adjourned after enacting that all such laws of Massachusetts and Plymouth, existing at the abrogation of the old charter, as were not inconsistent with the new charter or with English law, should be revived and be in force till the following autumn, when it was to meet again. The legislation which followed was prosecuted under embarrassing circumstances. While changes were unavoidable to meet the obligations of the new constitution, the Legislature was aiming to admit as few alterations as possible of the ancient system. The consequence was an unsettled condition of the law. Statutes would be enacted, and sent to England for confirmation, going into effect meanwhile. At some time within three years a notice of their being disapproved would come back. The General Court would try some other way of disposing of the same question, and repeated attempts on their part were liable to meet a similar discomfiture. The Legislature came together for its second 1692. session, with the task before it of conformOct. 12. ing the inherited institutions to the new order of things, and of doing this in a manner to retain as much as might be of what had been valued in the past. But in the pursuit of this last object it proved that an equal vigilance was to be |