“We have esteemed him to be an honest and peaceable citizen”
On 17 May that discussion went further to assembling a list of “Persons belonging to this Town, as have been endeavouring since the 19th. of April 1775, to counteract the united Struggles of this & the neighbouring States.”
The town meeting voted to have those twenty-nine men “apprehended & confined”—while recognizing that would require an order from the Massachusetts Council.
Boston’s official list of suspected Loyalists included the Rev. Dr. Mather Byles, Dr. James Lloyd and four other physicians, William Jackson of the Brazen Head, and others. Three of those men were already in jail: Hopestill Capen, Thomas Edwards, and Benjamin Davis, Sr.
On 22 May the town elected seven representatives to the Massachusetts General Court, with John Pitts and Ellis Gray getting the most votes—more than 500.
Some prominent people disagreed with the town’s list of Loyalists. Soon after the new legislative session started, the Council received a petition “praying the Court to give Orders for the Removal of Hopestill Capen, a Prisoner in Boston Goal.” That petition came from a group headed by Robert Pierpont, a Roxbury merchant and official with impeccable Patriot credentials.
Furthermore, it appears Patience Capen had collected ninety signatures on this statement, transcribed in American Archives:
We, the subscribers, inhabitants of Boston, do hereby certify, that Mr. Hopestill Capen is well known to us, and we have esteemed him to be an honest and peaceable citizen; some of us in particular, have experienced his kind and faithful services in securing and saving our interest and property when we were out of the town; and we all join with the petitioner that he may be released from gaol and restored to his family.The phrase “when were were out of the town” referred to the siege of Boston. Capen had evidently looked after other shopkeepers’ goods or real estate.
Again, those signers included some men deeply involved in Boston’s Patriot movement and town government: William Dawes, Samuel Dashwood, Moses Grant, Timothy Newell, Edward Payne, John Scollay, Pool Spear, Henry Bass, and so on. Other signers were more moderate Whigs—Ezekiel Price, John Andrews, Thomas Fleet, Thomas Handysyd Peck, Duncan Ingraham. But none of those names would raise political or religious suspicions.
Ninety signatures on a petition was a very impressive number. Nonetheless, those men would have been a decided minority in a town meeting attended by up to 500 citizens worried about the town being attacked from without or undermined from within.
On 18 June, Council member Dr. Samuel Holton brought the businessmen’s petition to the House with a proposal to form a committee “to examine the Commission of the Court of Enquiry, and their Doings thereon at large, together with this Petition, and report what is best to be done thereon.” The House approved that step the next day.
And then, it appears, nothing happened for months.
COMING UP: The repetition of Patience Capen.













