I have mentioned these things as justifying the impression, conveyed by his letter, that he knew but little of what was going on until his return in the earlier half of October. Actual absence at a distance, the larger part of the time, and engrossing cares in getting up expeditions and supplies for them while he was at home--particularly as, from the beginning, he had passed over the business of the Court entirely to his Deputy, Stoughton--it is not difficult to suppose, had prevented his mind being much, if at all, turned towards it. We may, therefore, consider that the witchcraft prosecutions were wholly under the control of Stoughton and those, who, having given him power, would naturally have influence over his exercise of it.
Calling in question the legality of the Court, Hutchinson expresses a deep sense of the irregularity of its proceedings; although, as he says, "the most important Court to the life of the subject which ever was held in the Province," it meets his unqualified censure, in many points. In reference to the instance of the Jury's bringing in a verdict of "Not guilty," in the case of Rebecca Nurse, and being induced, by the dissatisfaction of the Court, to go out again, and bring her in "Guilty," he condemns the procedure. Speaking of a wife or husband being allowed to accuse one the other, he breaks out: "I shudder while I am relating it;" and giving the results at the last trial, he says: "This Court of Oyer and Terminer, happy for the country, sat no more." Its proceedings were arbitrary, harsh, and rash. The ordinary forms of caution and fairness were disregarded. The Judges made no concealment of a foregone conclusion against the Prisoners at the Bar. No Counsel was allowed them. The proceedings were summary; and execution followed close upon conviction. While it was destroying the lives of men and women, of respectable position in the community, of unblemished and eminent Christian standing, heads of families, aged men and venerable matrons, all the ordinary securities of society, outside of the tribunal, were swept away. In the absence of Sir William Phips, the Chief-justice absolutely absorbed into his own person the whole Government. His rulings swayed the Court, in which he acted the part of prosecutor of the Prisoners, and overbore the Jury. He sat in judgment upon the sentences of his own Court; and heard and refused, applications and supplications for pardon or reprieve. The three grand divisions of all constitutional or well-ordered Governments were, for the time, obliterated in Massachusetts. In the absence of Phips, the Executive functions were exercised by Stoughton. While presiding over the Council, he also held a seat as an elected ordinary member, thus participating in, as well as directing, its proceedings, sharing, as a leader, in legislation, acting on Committees, and framing laws. As Chief-justice, he was the head of the Judicial department. He was Commander-in-chief of the military and naval forces and forts within the Province proper. All administrative, legislative, judicial, and military powers were concentrated in his person and wielded by his hand. No more shameful tyranny or shocking despotism was ever endured in America, than, in "the dark and awful day," as it was called, while the Special Commission of Oyer and Terminer was scattering destruction, ruin, terror, misery and death, over the country. It is a disgrace to that generation, that it was so long suffered; and, instead of trying to invent excuses, it becomes all subsequent generations to feel--as was deeply felt, by enlightened and candid men, as soon as the storm had blown over and a prostrate people again stood erect, in possession of their senses--that all ought, by humble and heart-felt prayer, to implore the divine forgiveness, as one of the Judges, fully as misguided at the time as the rest, did, to the end of his days.