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."—Massachusetts 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 assumed 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 document 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 assent to the document. 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.