12 December 2012
Hawthorne on the Progress of Property Law
The House of the Seven Gables, antique as it now looks, was not the first habitation erected by civilized man on precisely the same spot of ground. Pyncheon Street formerly bore the humbler appellation of Maule's Lane, from the name of the original occupant of the soil, before whose cottage-door it was a cow-path. A natural spring of soft and pleasant water—a rare treasure on the sea-girt peninsula where the Puritan settlement was made—had early induced Matthew Maule to build a hut, shaggy with thatch, at this point, although somewhat too remote from what was then the centre of the village. In the growth of the town, however, after some thirty or forty years, the site covered by this rude hovel had become exceedingly desirable in the eyes of a prominent and powerful personage, who asserted plausible claims to the proprietorship of this and a large adjacent tract of land, on the strength of a grant from the legislature. Colonel Pyncheon, the claimant, as we gather from whatever traits of him are preserved, was characterized by an iron energy of purpose. Matthew Maule, on the other hand, though an obscure man, was stubborn in the defence of what he considered his right; and, for several years, he succeeded in protecting the acre or two of earth which, with his own toil, he had hewn out of the primeval forest, to be his garden ground and homestead. No written record of this dispute is known to be in existence. Our acquaintance with the whole subject is derived chiefly from tradition. It would be bold, therefore, and possibly unjust, to venture a decisive opinion as to its merits; although it appears to have been at least a matter of doubt, whether Colonel Pyncheon's claim were not unduly stretched, in order to make it cover the small metes and bounds of Matthew Maule. What greatly strengthens such a suspicion is the fact that this controversy between two ill-matched antagonists—at a period, moreover, laud it as we may, when personal influence had far more weight than now—remained for years undecided, and came to a close only with the death of the party occupying the disputed soil. The mode of his death, too, affects the mind differently, in our day, from what it did a century and a half ago. It was a death that blasted with strange horror the humble name of the dweller in the cottage, and made it seem almost a religious act to drive the plough over the little area of his habitation, and obliterate his place and memory from among men.
Old Matthew Maule, in a word, was executed for the crime of witchcraft. He was one of the martyrs to that terrible delusion, which should teach us, among its other morals, that the influential classes, and those who take upon themselves to be leaders of the people, are fully liable to all the passionate error that has ever characterized the maddest mob. Clergymen, judges, statesmen,—the wisest, calmest, holiest persons of their day stood in the inner circle round about the gallows, loudest to applaud the work of blood, latest to confess themselves miserably deceived. If any one part of their proceedings can be said to deserve less blame than another, it was the singular indiscrimination with which they persecuted, not merely the poor and aged, as in former judicial massacres, but people of all ranks; their own equals, brethren, and wives. Amid the disorder of such various ruin, it is not strange that a man of inconsiderable note, like Maule, should have trodden the martyr's path to the hill of execution almost unremarked in the throng of his fellow sufferers. But, in after days, when the frenzy of that hideous epoch had subsided, it was remembered how loudly Colonel Pyncheon had joined in the general cry, to purge the land from witchcraft; nor did it fail to be whispered, that there was an invidious acrimony in the zeal with which he had sought the condemnation of Matthew Maule. It was well known that the victim had recognized the bitterness of personal enmity in his persecutor's conduct towards him, and that he declared himself hunted to death for his spoil.
Posted by Douglas Storm