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Illustrated Episode · Volume I, chapter 23 · 1 August 1640

Lay hold on Coddington

Two men shout and point at each other across a heavy table in a timber-framed room, while guards grip the arms of one and townspeople crowd around, a tipped stool in the foreground.
Portsmouth, Aquidneck, 1640. Judge William Coddington is on his feet, crying "You that are for the King, lay hold on Gorton," and Samuell Gorton, gripped by two guards, shouts back, "All you that are for the King, lay hold on Coddington." Rothbard tells how the armed guard won the brawl and Gorton, on trial for defending a servant, was whipped and banished. Chapter 23 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

Samuell Gorton had already been driven out of Plymouth for standing up for a servant against the magistrates, and by 1640 he was at Portsmouth on Aquidneck. There a serving girl was hauled into court for quarrelling with an old woman over a trespassing cow, and Gorton took her side. He called the justices "just asses" and denied that a court chosen by no royal charter and no vote of the people held any authority over him. Chief justice William Coddington ordered him seized, crying, "You that are for the King, lay hold on Gorton." Gorton answered, "All you that are for the King, lay hold on Coddington." A hand-to-hand fight followed, and Coddington's armed guard won it. Gorton was arrested. His friend John Wickes, who had also defended the servant, went into the stocks; Gorton was whipped and banished from the island, and Wickes and other Gortonites were banished with him. Rothbard calls Gorton the most thoroughgoing individualist in early New England, punished in one colony after another for denying that magistrates who made themselves prosecutor and judge had any right to try him. The retort turned Coddington's own appeal to the King back on him, and it took the guards to settle the argument. Whipped and banished, Gorton went on to Providence.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. I, ch. 23, pp. 187-199. CC BY 3.0. Rothbard
  2. Lewis G. Janes, Samuell Gorton: A Forgotten Founder of Our Liberties, First Settler of Warwick, R.I. (Providence: Preston and Rounds, 1896; Rhode Island Series no. 3), the Portsmouth section and notes 21-24, citing the Portsmouth Town Records, Winthrop and Gorton's Simplicities Defence. Secondary source
  3. 'Samuel Gorton (1593-1677)', History of Warwick (Warwick Historical Society; accessed 2026-09-29): the 1640 Portsmouth court, 14 counts, 'Just Asses', and Coddington's and Gorton's cries. Secondary source
  4. David Hackett Fischer, Albion's Seed: Four British Folkways in America (New York: Oxford University Press, 1989), 'Massachusetts Dress Ways'. Secondary source
  5. Nathaniel B. Shurtleff, ed., Records of the Governor and Company of the Massachusetts Bay in New England, vol. IV, pt. 1 (Boston, 1854), pp. 60-61 (apparel law of 1651). Primary source