That night Dotey and Lister slept in two rooms under guard, and the next morning the freemen of the colony were convened in the Common house to judge their case. With them Billington was also summoned, although neither Dotey nor Lister had betrayed his complicity.

Accused of deliberate a.s.sault upon each other with deadly weapons both men humbly pleaded guilty and expressed their penitence, but to this Bradford gravely replied,--

"Glad are we to know that ye are penitent, and resolved upon amendment, but ne'er the less we cannot therefore omit some signal punishment both to make a serious impression upon your own memories, and to advertise to all other evil-doers that we bear not the sword of justice in vain.

Brethren, I pray you speak your minds. What ought to be done to these would-be murderers?"

"In the army they would have earned a flogging," remarked the captain sitting at the governor's right hand.

"Perhaps solitary confinement with fasting would subdue the angry heat of their blood most effectually," said the elder at Bradford's other side.

"Had we a pillory or a pair of stocks I would advise that public disgrace," said Winslow; and Allerton suggested,--

"They might be fined for the benefit of the public purse."

"If the Governor will leave them to me I'll promise to trounce them well, and after, to set them extra tasks for a month or so," offered Hopkins; and Alden murmured to Howland,--

"Allerton is treasurer of the public purse, and Hopkins will profit by the extra labor, mark you!"

"What is thy counsel, Surgeon Fuller?" inquired Bradford, and the whimsical doctor replied,--

"I once saw two fellows in a little village of Suss.e.x lying upon the stones of the market-place, tied neck and heels, and methinks I never have heard such ingenious profanity as those men were yelling each at his unseen comrade. I asked the publican where I baited my horse the cause of so strange a spectacle, and he said this was their manner of disciplining brawlers in the ale-house. They were to lie there four-and-twenty hours without bite or sup, and so I left them. Methinks it were a suitable discipline in this case, but I may fairly hope the profanity of those unenlightened rustics will give place with our erring brethren to sighs of penitence and sorrow."

"What think you, brethren, of our good surgeon's suggestion?" asked Bradford, restraining the smile tempting the corners of his mouth. "It approves itself to me as a fair sentence. Will those who are so minded raise their right hands?"

The larger number of right hands rose in the air, and the sentence was p.r.o.nounced that so soon as the doctor a.s.sured the authorities that the wounded men would take no harm from the exposure, the duelists, bound neck and heels, should be laid at the meeting of the four roads, there to remain four-and-twenty hours without food or water, and until that time each was to remain locked in a separate chamber.

"And now John Billington," continued Bradford sternly, as the younger men were removed, "how hast thou to defend thyself from the charge of blood guiltiness in stirring up strife between these two?"

"Nay, your worship, it was their own quarrel," replied Billington hardily. "I did but chance to pa.s.s and saw them at it, and so tarried a moment to see fair play."

"And to hound them on at each other, as if it were a bull-baiting for thine own amus.e.m.e.nt," interposed Standish in a contemptuous tone. "Nay, lie not about it, man! I heard thee, and saw thee!"

"Surely, Billington," resumed the governor, "thou hast not so soon forgotten how thou wast convened before us some weeks since, charged with insolence and disobedience to our captain, and with seditious speech anent the government. We did then speak of some such punishment as this for thee, but thy outcry of penitence and promise of amendment, coupled with the shame of chastising thee in sight of thine own wife and sons, was so great that we forgave thee, the more that Captain Standish pa.s.sed over the affront to himself; but now we see that the penitence was but feigned, and the amendment a thing of naught, and much I fear me, John Billington, that an' thou amend not thy ways, harsher discipline than we would willingly inflict will be thy portion in time to come."

The governor spoke with more than usual solemnity fixing upon the offender a gaze severe yet pitiful and reluctant, as one who foresees for another a fate deserved indeed, and yet too terrible to contemplate.

Perhaps before that astute and reflective mind there rose a vision of the gallows nine years later to be erected by his own order, whereon John Billington, deliberate murderer of John Newcomen, should expiate his crime and open the gloomy record of capital punishment in New England.

At the present moment, however, the offender slunk away with his reproof, and the meeting proceeded to consider other matters, for, while the new government felt itself competent to deal with matters of life and death, it also found no matter too trifling for its attention.

Four days later Edward Dotey and Edward Lister, their wounds comfortably healed, were brought out into the market place as in fond reminiscence of home the Pilgrims called what is now the Town Square of Plymouth, and each offender was solemnly tied neck and heels together,--an att.i.tude at once ignominious and painful.

The governor, with Allerton his a.s.sistant, the captain, the elder, Winslow, Hopkins, and Warren stood formally arrayed to witness the execution of the sentence, which Billington was forced to carry out. The less important members of the community surrounded the scene, and from amid the fluctuating crowd murmurs of amaze, of pity, of approval, or the reverse became from time to time audible.

"Nay, then, 't is a shame to see Christian men so served, and they so scarce a commodity in these parts," declared Helen Billington to her neighbor Mistress Hopkins, who nippingly replied,--

"Mayhap we've mistook the men we've put in power."

"Ay," returned the coa.r.s.er malcontent. "They pa.s.sed by thy goodman, and put worse men over his head."

"Master Hopkins careth naught for such honors as these have to bestow.

His name was made or ever he came hither," replied Elizabeth a little coldly as she moved away.

"Glad am I to see that thy goodman leaveth the cord as slack as may be, Goody Billington," whispered Lois, late maid to Mistress Carver, but now the promised second wife of Francis Eaton, who stood beside her, and overhearing the whisper said reprovingly,--

"Nay, wench, thou speakest foolishly. If evil-doers are to go unwhipt of justice how long shall this colony endure. See you not that if these roysterers had each killed the other, there had been two men the less to stand between your silly throats and the hatchets of the salvages?"

"Ay, there's sound sense in that, Francis," replied Lois yielding admiringly to the superior wisdom of her betrothed, but Helen Billington nodding and blinking, muttered to her boy John, as she leaned upon his shoulder,--

"Wait but till dark, when all the wiseacres are asleep, and see if thy daddy sets not these men free, ay, and puts weapons in their hands like enough, to revenge themselves withal."

The offenders bound, and laid each upon his side on the bare ground, the court withdrew and the crowd dispersed. But scarce an hour had pa.s.sed ere Hopkins presented himself before the governor and his a.s.sistant, at work over the colony's records, those precious first minutes, now forever lost, and with an elaborately quiet and restrained demeanor said,--

"Master Bradford, yon poor knaves of mine are suffering shrewdly from cramps and shooting pains as well as from the ache of their scarce healed wounds. They promise in sad sincerity to amend their ways, and when all is said, they are good and kindly lads, and did but ape the fashions of their betters in the Old World. May not I persuade your worship to look over their offense for this time, and to remit their pains and penalties as soon as may be?"

"Thou sayest they are penitent, good Master Hopkins?" asked Bradford judicially.

"Ay, and to my mind honestly so."

"We will speak with them, Master Allerton, and if the captain and the elder agree with me, Master Hopkins, thy pet.i.tion is granted, for indeed it is to me more pain to make another suffer than to suffer myself, even as a father feels the rod upon his own heart the while he lays it on his son's back."

"And yet the warning that to spare the rod will spoil the child applies to the children of the State as well as to the household," remarked Allerton, whose lively son Bartholomew could have testified to his father's strict obedience to Solomon's precept.

The chiefs of the colony were soon rea.s.sembled about the grotesque figures of the suffering duelists, and with their approval, the governor having demanded and received ample professions of contrition, and promises of amendment, ordered Billington to release the prisoners, who shamefacedly crept away to their master's house, and thus ended the first and for many years the only duel fought upon New England soil.

CHAPTER XXII.

THE CAPTAIN'S PIPE.

It was a lovely evening in June, and, the labors of the day being ended, while the hour for nightly devotion had not yet come, Plymouth enjoyed an hour of rest.

Seven houses now lined The Street, leading from the Rock to the Fort, and of these the highest on the northerly side was that of Captain Standish, built so near to the Fort indeed, that John Alden, if so idly minded to amuse himself, could easily salute each gun of the little battery with a pebble upon its nose. He was in fact thus occupied on this especial evening, while the captain sitting upon a bench beside the cottage door smoked a pipe wondrously carved from a block of chalcedony by some "Ancient Arrowmaker" of forgotten fame, and presented to Standish by his admiring friend Hobomok, who, having silently studied at his leisure the half dozen princ.i.p.al men among the Pilgrims, had settled upon Standish as most nearly representing his ideal of combined courage, wisdom, and endurance, so that he already was beginning to be known as "the Captain's Indian," just as Squanto was especially Bradford's henchman.

"'T is a goodly sight--a sweet and fair country," said the Captain half aloud, and Alden just pausing to note that his last pebble had gone down the throat of the saker, turned to inquire,--

"What is it, master?"

For reply the captain took the pipe from his mouth, and with the stem pointed to Manomet, where mile after mile of fresh young verdure rose steeply against the rosy eastern sky, while the sun sinking behind what was to be the Captain's Hill shot a flood of golden glory across the placid bay cresting each little wave with radiance, and burying itself at last among the whispering foliage of the mount.

"Saw you ever a fairer sight, lad?"

"Nay, 't is fair as the Hills of Beulah whereof the elder spake last night," softly replied John.

"And fairer, for we can see it with our eyes of to-day," replied the captain dryly. The younger man glanced briefly at his master's face, and failing to read its complex expression, contented himself with a somewhat uneasy smile as he turned to gaze upon the scene in thoughtful silence.

Standish noting with one of his quick glances his follower's embarra.s.sment, took counsel with himself, and as he quietly refilled his pipe said,--