XIII.
THE COURT OF OYER AND TERMINER BROUGHT TO A SUDDEN END. SIR WILLIAM PHIPS.
When Sir William Phips went to the eastward, it was expected that his absence would be prolonged to the twelfth of October. We cannot tell exactly when he returned; probably some days before the twelfth. Writing on the fourteenth, he says, that before any application was made to him for the purpose, he had put a stop to the proceedings of the Court. He probably signified, informally, to the Judges, that they must not meet on the day to which they had adjourned. Brattle, writing on the eighth, had not heard any thing of the kind. But the Rev. Samuel Torrey of Weymouth, who was in full sympathy with the prosecutors, had heard of it on the seventh, as appears by this entry in Sewall's Diary: "Oct. 7th, 1692. Mr. Torrey seems to be of opinion, that the Court of Oyer and Terminer should go on, regulating any thing that may have been amiss, when certainly found to be so."
Sewall and Stoughton were among the principal friends of Torrey; and he, probably, had learned from them, Phips's avowed purpose to stop the proceedings of the Court, in the witchcraft matter. The Court, however, was allowed to sit, in other cases, as it held a trial in Boston, on the tenth, in a capital case of the ordinary kind. The purpose of the Governor gradually became known. Danforth, in a conversation with Sewall, at Cambridge, on the fifteenth, expressed the opinion that the witchcraft trials ought not to proceed any further.
It is not unlikely that Phips, while at the eastward, had received some communication that hastened his return. He describes the condition of things, as he found it. We know that the lives of twenty people had been taken away, one of them a Minister of the Gospel. Two Ministers had been accused, one of them the Pastor of the Old South Church; the name of the other is not known. A hundred were in prison; about two hundred more were under accusation, including some men of great estates in Boston, the mother-in-law of one of the Judges, Corwin, and a member of the family of Increase Mather, although, as he says, in no way related to him. A Magistrate, who was a member of the House of Assembly, had fled for his life; and Phips's trusted naval commander, a man of high standing in the Church and in society, as well as in the service, after having been committed to Jail, had escaped to parts unknown. More than all, the Governor's wife had been cried out upon. We can easily imagine his state of mind. Sir William Phips was noted for the sudden violence of his temper. Mather says that he sometimes "showed choler enough." Hutchinson says that "he was of a benevolent, friendly disposition; at the same time quick and passionate;" and, in illustration of the latter qualities, he relates that he got into a fisticuff fight with the Collector of the Port, on the wharf, handling him severely; and that, having high words, in the street, with a Captain of the Royal Navy, "the Governor made use of his cane and broke Short's head." When his Lady told her story to him, and pictured the whole scene of the "strange ferment" in the domestic and social circles of Boston and throughout the country, it was well for the Chief-justice, the Judges, and perhaps his own Ministers, that they were not within the reach of those "blows," with which, as Mather informs us, in the Life of Phips, the rough sailor was wont, when the gusts of passion were prevailing, to "chastise incivilities," without reference to time or place, rank or station.
But, as was his wont, the storm of wrath soon subsided; his purpose, however, under the circumstances, as brave as it was wise and just, was, as the result showed, unalterable. He communicated to the Judges, personally, that they must sit no more, at Salem or elsewhere, to try cases of witchcraft; and that no more arrests must be made, on that charge.
Mather's book, all ready as it was for the press, thus became labor thrown away. It was not only rendered useless for the purpose designed, but a most serious difficulty obstructed its publication. Phips forbade the "printing of any discourses, one way or another;" and the Wonders had incorporated in it some Sermons, impregnated, through and through, with combustible matter, in Phips's view, likely to kindle an inextinguishable flame.
All that could be done was to keep still, in the hope that he would become more malleable. In the meanwhile, public business called him away, perhaps to Rhode Island or Connecticut, from the eighteenth to the twenty-seventh of October. In his absence, whether in consequence of movements he had put in train, or solely from what had become known of his views, the circumstance occurred which is thus related in Sewall's Diary—the Legislature was then in Session: "Oct. 26, 1692. A Bill is sent in about calling a Fast and Convocation of Ministers, that may be led in the right way, as to the Witchcrafts. The season, and manner of doing it, is such, that the Court of Oyer and Terminer count themselves thereby dismissed. 29 nos & 33 yeas to the Bill. Capt. Bradstreet, and Lieut. True, Wm. Hutchins, and several other interested persons, in the affirmative."
The course of Nathaniel Saltonstall, of Haverhill, and the action in the Legislature of the persons here named, entitle the Merrimac towns of Essex-county to the credit of having made the first public and effectual resistance to the fanaticism and persecutions of 1692.