seldom holding office themselves, they were solemnly consulted by the government on every important question that arose, whether of war or peace, and their counsel was rarely disregarded. They gave their opinion, no matter how foreign the subject might be to their profession or their education; and they had no hesitation in passing upon the technical construction of the charter with the authority of a bench of judges. An amusing example is given by Winthrop: “The General Court assembled again, and all the elders were sent for, to reconcile the differences between the magistrates and deputies. When they were come the first question put to them was, ... whether the magistrates are, by patent and election of the people, the standing council of this commonwealth in the vacancy of the General Court, and have power accordingly to act in all cases subject to government, according to the said patent and the laws of this jurisdiction; and when any necessary occasions call for action from authority, in cases where there is no particular express law provided, there to be guided by the word of God, till the General Court give particular rules in such cases. The elders, having received the question, withdrew themselves for consultation about it, and the next day sent to know, when we would appoint a time that they might attend the court with their answer. The magistrates and deputies agreed upon an hour “and ... their answer was affirmative,” on the magistrates behalf, in the very words of the question, with some reasons thereof. It was delivered in writing by Mr. Cotton in the name of them all, they being all present, and not one dissentient.” Then the magistrates propounded four more questions, the last of which is as follows: “Whether a judge be bound to pronounce such sentence as a positive law prescribes, in case it be apparently above or beneath the merit of the offence?” To which the elders replied at great length, saying that the penalty must vary with the gravity of the crime, and added examples: “So any sin committed with an high hand, as the gathering of sticks on the Sabbath day, may be punished with death when a lesser punishment may serve for gathering sticks privily and in some need.” [Footnote: Winthrop, ii. 204, 205.] Yet though the clerical influence was so unbounded the theocracy itself was exposed to constant peril. In monarchies such as France or Spain the priests who rule the king have the force of the nation at command to dispose of at their will; but in Massachusetts a more difficult problem was presented, for the voters had to be controlled. By the law requiring freemen to be church-members the elders meant to grasp the key to the suffrage, but experience soon proved that more stringent regulation was needed.