title,) before their collonies in these parts be over throwne by these barbarous savages, thus armed with their owne weapons, by these evill instruments, and traytors to their neigbors and cuntrie.

But I have forgott my selfe, and have been to longe in this digression; but now to returne. This Morton having thus taught them the use of peeces, he sould them all he could spare; and he and his consorts determined to send for many out of England, and had by some of the ships sente for above a score. The which being knowne, and his neigbours meeting the Indeans in the woods armed with guns in this sorte, it was a terrour unto them, who lived straglingly, and were of no strenght in any place. And other places (though more remote) saw this mischeefe would quiclly spread over all, if not prevented. Besides, they saw they should keep no servants, for Morton would entertaine any, how vile soever, and all the scume of the countrie, or any discontents, would flock to him from all places, if this nest was not broken; and they should stand in more fear of their lives and goods (in short time) from this wicked and deboste crue, then from the salvages them selves.

So sundrie of the cheefe of the stragling plantations, meeting togither, agreed by mutuall consente to sollissite those of Plimoth (who were then of more strength then them all) to joyne with them, to prevente the further grouth of this mischeefe, and suppress Morton and his consorts before they grewe to further head and strength. Those that joyned in this action (and after contributed to the charge of sending him for England) were from Pascataway, Namkeake, Winisimett, Weesagascusett, Natasco, and other places wher any English were seated.1 Those of Plimoth being thus sought too 1 In his Letter Book Bradford gives the details of the assessed charges: From Plymouth

Naumkeak

£2. 10
I. IO

Natascot
Mrs. Thomson

Pascataquack

2. IO

Mr. Blackston

Mr. Jeffrey and Mr. Burslem 2. O

Edward Hilton

£1.

12

I. O

12. 7

Roger Conant and what he could hold of the Dorchester settlers on Cape Ann were

by their messengers and letters, and waying both their reasons, and the commone danger, were willing to afford them their help; though them selves had least cause of fear or hurte. So, to be short, they first resolved joyntly to write to him, and in a freindly and neigborly way to admonish him to forbear those courses, and sent a messenger with their letters to bring his answer. But he was so highe as he scorned all advise, and asked who had to doe with him; he had and would trade peeces with the Indeans in dispite of all, with many other scurillous termes full of disdaine. They sente to him a second time, and bad him be better advised, and more temperate in his termes, for the countrie could not beare the injure he did; it was against their comone saftie, and against the king's proclamation. He answerd in high terms as before, and that the kings proclaimation was no law; demanding what penaltie was upon it. It was answered, more then he could [162] bear, his majesties displeasure. But insolently he persisted, and said the king was dead and his displeasure with him, and many the like things; and threatened withall that if any came to molest him, let them looke to them selves, for he would prepare for them.1 Upon which they saw ther was no way but to take him by force; and having so farr proceeded, now to at Naumkeak; the Wessagusset settlement was represented by Jeffrey and Burslem; Oldham was at Natascot; Mrs. Thomson was the widow of David Thomson, who had come from Pascataqua to an island in Boston harbor, still known by his name; Blackstone was at Shawmut, and Hilton had settled at Cocheco, now Dover, N. H. 1 Adams, in the introduction to Morton (p. 26), points out that Morton proved himself better versed in the law of England than those who admonished him. Lord Coke reporting a decision made by all the judges in 1610 stated, that "the King cannot create any offence, by his prohibition or proclamation, which was not an offence before, for that was to change the law, and to make an offence, which was not; for ubi non est lex, ibi non est transgressio; ergo, that which cannot be punished without proclamation cannot be punished with it." 12 Coke, p. 75. An earlier opinion is more to the point. "In the same term [1546] it was resolved by the two chief Justices, Chief Baron, and Baron Altham, upon conference betwixt the Lords of the Privy Council and them, that . . . the law of England is divided into three parts, common law, statute law and custom; but the King's Proclamation is none of them." 6 Coke Reports, 297 (London, 1826).

give over would make him farr more hautie and insolente. So they mutually resolved to proceed, and obtained of the Governor of Plimoth to send Captaine Standish, and some other aide with him, to take Morton by force.1 The which accordingly was done; but they found him to stand stifly in his defence, having made fast his dors, armed his consorts, set diverse dishes of powder and bullets ready on the table; and if they had not been over armed with drinke,

ARMS AND ARMOR, SEVENTEENTH CENTURY

more hurt might have been done. They sommaned him to yeeld, but he kept his house, and they could gett nothing but scofes and scorns from him; but at length, fearing they would doe some violence to the house, he and some of his crue came out, but not to yeeld, but to shoote; but they were so steeld with drinke as their peeces were to heavie for them; him selfe with a carbine (over

1 This attack on Morton's house must have been made early in June, as letters to England on his misconduct bore date June 9. Morton claims that he was first discovered and arrested at Wessagusset, where he happened to be found, and escaping, made his way to Mount Wollaston, where he put his house in a posture of defence.

charged and allmost halfe fild with powder and shote, as was after found) had thought to have shot Captaine Standish; but he stept to him, and put by his peece, and tooke him. Neither was ther any hurte done to any of either side, save that one was so drunke that he rane his owne nose upon the pointe of a sword that one held before him as he entred the house; but he lost but a litle of his hott blood. Morton they brought away to Plimoth,' wher he was kepte, till a ship went from the Ile of Shols for England, with which he was sente to the Counsell of New-England; and letters writen to give them information of his course and cariage; and also one was sent at their commone charge to informe their Ho[no]rs more perticulerly, and to prosecute against him. But he foold of the messenger, after he was gone from hence, and though he wente for England, yet nothing was done to him, not so much as rebukte, for ought was heard; but returned the nexte year. Some of the worst of the company were disperst, and some

3

1 Standish, according to Morton, threatened him with his pistol, but carried him to Plymouth, and after determining what should be done, sent him to an island "in the northern parts," and "without gunne, powther, or shot or dogge or so much as a knife to get any thinge to feede upon, or any other cloathes to shelter him with at winter then a thinne suite which hee had one at that time." He remained there a month, supplied with liquor by the Indians, until a fishing vessel from Plymouth took him and Oldham to that port. New English Canaan (Prince Society), 289, 296.

• Morton states that when he was brought to the ships to be sent away "no man durst be so foolhardy as to undertake to carry him.”

These letters are printed in Bradford's Letter Book, 62. 4 John Oldham.

'Morton's own account of the business represents Oldham as making his best endeavors to secure an instrument against him, inquiring in London for a skillful man who could accomplish the feat, and sparing no expense to accomplish his purpose, but without avail. "Noe man being able to taxe him of any thinge," Morton was released. It was more essential to Oldham that he should stand well with Sir Ferdinando Gorges, than labor to secure the doubtful imprisonment of such a man as Morton. Allerton may have found Morton useful in the negotiations with the London company or with the Company of the Massachusetts Bay, for he permitted Morton to return with him, to the great scandal of the community.

Adams, in the introduction to Morton (p. 31), calls attention to the fact that Mor

of the more modest kepte the house till he should be heard from. But I have been too long aboute so unworthy a person, and bad a cause.1

This year Mr. Allerton brought over a yonge man for a minister to the people hear, wheather upon his owne head, or at the motion of some freinds ther, I well know not, but it was without the churches sending; for they had bene so bitten by Mr. Lyford, as they desired to know the person well whom they should invite amongst them. His name was Mr. Rogers; but they perceived, upon some triall, that he was crased in his braine; so they were faine to be at further charge to send him back againe the nexte year, and loose all the charge that was expended in his hither bringing, which was not smalle by Mr. Allerton's accounte, in provissions, aparell, bedding, etc. After his returne he grue quite distracted, and Mr. Allerton was much blamed that he would bring shuch a man over, they having charge enough otherwise.

Mr. Allerton, in the years before, had brought over some small

ton's vessel in its passage to England must have passed the ship bearing Endecott and his party, with a grant or patent that covered Mount Wollaston. He suggests that the suppression of the Merry Mount circle may have been determined upon by the Company in England.

1 Bradford in his Letter Book says the proceedings against Morton "cost us a great deal more, and yet to little effect, as the event showeth." Commenting upon this Adams says: "This, however, was not so. On the contrary, it is not often that an act of government repression produces effects equally decisive. The nuisance was abated and the danger dispelled; the fact that there was a power on the coast, ready to assert itself in the work of maintaining order, was established and had to be recognized; and, finally, a wholly unscrupulous competitor was driven out of trade. These results were well worth all that Morton's arrest cost, and much more." Introduction to New English Canaan (Prince Society), 37.

2 "To so much paid for Mr. Rogers' passage, 20s. his diet 11 weeks at

45. 8d.

3. II. 4 "Paid for Constant Sother's passage, 205. and diet 11 weeks at 45. 8d. 3. 11. 4" The two items are taken from Sherley's accounts in 3 Mass. Hist. Collections, 1. 199. No other mention of Souther is found until the list of freemen of 1637, where it is given Constance Southerne.