"It is a Shamefull and Vnblessed Thing, to take the Scumme of People, and Wicked, Condemned Men, to be the People with whom you Plant: And not only so, but it spoileth the Plantation; For they will euer liue like Rogues, and not fall to worke, but be Lazie, and doe Mischief, and spend Victuals, and quickly weary, and then Certifie ouer to their Country to the Discredit of the Plantation."

"Sabino" shuns the usual expression "planted" for the more pretentious "founded," as if the affair was a reality, and had a foundation. A thing may be planted, and that be the end of it. If the seed be bad, it rots in the hill. Such was the fact, and fate of the Popham Colony.

2. The religious history of the Popham Colony is the briefest narrative of the kind on record. All that is known of it may be comprised in one sentence. A sermon was preached on two occasions; and some Indians were taken on a Sunday to the "place of public prayer," when they listened "with great reverence and silence." This conduct was highly commendable in the Indians; and, if the colonists, "the wicked, condemned men," had behaved as well, something, after all, might have come of the enterprise.

3. How much of "the region afterwards known as New England" was this Colony "in actual possession of"? A few acres of ground on the Promontory of Sabino, where they intrenched themselves, and nothing more! From this narrow foothold they were driven, on one occasion, by the Indians, who took possession of their Fort, their stock of provisions and military stores. Not understanding the nature of gunpowder, the Indians blew themselves up; and the survivors—regarding the explosion as an expression of disapproval on the part of the Great Spirit for their rudeness in driving, with arrows and clubs, forty-five Englishmen out of a Fort that was trenched, and mounted twelve pieces of ordnance—restored the premises to its gallant defenders, and proposed henceforth to live on terms of friendship. (See Williamson's History of Maine, i. p. 200.) Why does "Sabino" limit their possessions to New England? Why not give them North America, and the whole Western Continent?

4. The Popham theorists maintain, that King James's North Virginia Charter of 1606 had some special virtue as a barrier to French supremacy in New England. Both nations claimed the whole territory;—the English on the ground of Cabot's discovery, and of Gilbert's taking formal possession in 1583; and the French on the ground of prior settlement. The question of supremacy was to be determined by permanent occupancy, by enterprise, and by valor in arms; not by royal proclamations and charters. No royal charter to a trading company could strengthen the title England already possessed by right of discovery and former occupation. The Plymouth Colony landed in New England without a charter, and the event will never be the less significant on that account.

5. The Popham Colony "came to an end within a year, by reason of the death of its two chief supporters." Did it ever occur to "Sabino," that his Colony must have had a very slender foundation to have fallen in ruins at the death of two, out of a hundred and twenty, persons engaged in it? The Plymouth Colony lost by death, in four mouths after the landing, fifty-one out of one hundred and two, and still the Colony lived. We neither accept nor deny "Sabino's" statement as to the cause by which his Colony came to its end. Mourners, in doubtful cases, should be allowed to settle these questions for themselves. It was a case of complicated diseases, any one of which would have resulted in dissolution. Sworn testimony and a coroner's jury would be necessary to determine the approximate cause. The first question before such a tribunal would be whether the patient could be said to have ever lived. Waiving this point, we should, if pressed for a verdict, give—"Died by visitation of the Almighty."

Who were the two persons whose lives were so intimately entwined with that of the Colony? They were George Popham, who came over as president, and his brother, Sir John Popham, who never came over—both very aged persons. Sir Ferdinando Gorges, who was "interested in all these misfortunes," and knew more of the end of the Colony than any other person whose writings have come down to us, did not regard the president's death as a matter of importance. He says, his death "was not so strange, in that he was well stricken in years before he went, and had long been an infirme man" (Briefe Narration, p. 10). Raleigh Gilbert, a younger and more energetic man, "a man," says Gorges, "worthy to be beloved of them all for his industry," was forthwith appointed president; and the change was rather a benefit, than otherwise, to the Colony, if anything could benefit what was in articulo mortis.

The death of Sir John Popham was a more serious matter. He was the head and front of the enterprise; the brother was only his agent. It was Sir John's Colony. He furnished the bulk of the capital, provided the colonists, gave his name and his own personal infamy to the undertaking. Who, then, was Sir John Popham? He was Lord Chief Justice of England, and was seventy-six years of age. In his youth he had been a highwayman, and probably a garroter. "He frequently sallied forth at night from a hostel in Southwark, with a band of desperate characters, and, planting themselves in ambush on Shooter's Hill, or taking other positions favorable for attack and escape, they stopped travelers and took from them not only their money, but any valuable commodities which they carried with them. The extraordinary and almost incredible circumstance is, that Popham is supposed to have continued in these courses after he had been called to the bar, and when, being of mature age, he was married to a respectable woman." (Lord Campbell's Lives of the Chief Justices, 1849-57, i. p. 210.) Lord Campbell was not the man to speak unadvisedly of one who had occupied the highest judicial office, save one, in England. "Popham's portrait," he says, "represented him as 'a huge, heavy, ugly man,' and I am afraid he would not appear to great advantage in a sketch of his moral qualities, which, lest I should do him injustice I will not attempt."—Idem, p. 229.

With regard to his law reports, Lord Campbell says "they are wretchedly ill done, and they are not considered of authority. We should have been better pleased if he had given us an account of his exploits when he was chief of a band of freebooters." (p. 229.) "The reproach urged against him was extreme severity to prisoners. He was notorious as a 'hanging judge.' Not only was he keen to convict in cases prosecuted by the government; but in ordinary larcenies, and above all in highway robberies, there was little chance of an acquittal before him."—Idem, p. 219.

"He left behind him the greatest estate that had ever been amassed by any lawyer. Some said as much as £10,000 a year; but it is not supposed to be all honestly come by; and he is reported even to have begun to save money when 'the road did him justice.'"—Idem, p. 229.