The justices
held their commissions at the king's pleasure, but their salaries were at
the mercy of the deputies; they were therefore subject to the caprice of
antagonistic masters. Nor was this the worst, for the charter did not
isolate the judicial office. Under the theocracy the policy of the clergy
had been to suppress the study of law in order to concentrate their own
power; hence no training was thought necessary for the magistrate, no
politician was considered incompetent to fill the judgment-seat because of
ignorance of his duty, and the office-hunter, having got his place by
influence, was deemed at liberty to use it as a point of vantage, from
whence to prosecute his chosen career. For example, the first chief
justice was Stoughton, who was appointed by Phips, probably at the
instigation of Increase Mather. As he was bred for the church, he could
have had no knowledge to recommend him, and his peculiar qualifications
were doubtless family connections and a narrow and bigoted mind; he was
also lieutenant-governor, a member of the council, and part of the time
commander-in-chief.
Thomas Danforth was the senior associate, who is described by Sewall as "a
very good husbandman, and a very good Christian, and a good councillor;"
but his reputation as a jurist rested upon a spotless record, he having
been the most uncompromising of the high church managers.
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