“I am to be confined in Prison for that I cannot in Confidence do”
Postings veered off onto the trail of Benjamin Davis, already in the jail after being captured while sailing from Haliax to New York.
Both Capen and Davis were Sandemanians. They grounded their attitude to the new independent state on their religion. They felt bound to remain loyal to King George III, they said, until events showed that this new republican government had God’s approval.
When the Massachusetts Council ordered that Capen and dozens of other suspected men be detained, it named seven Suffolk County magistrates to question them: Joseph Palmer, Benjamin White, Joseph Greenleaf, Samuel Niles, Thomas Penniman, Theophilus Cushing, and Thomas Crafts.
Capen wrote an address to that “Court of Enquiry” dated 29 August. It doesn’t look like he had a chance to deliver it, at least as he had imagined, because he later wrote this preface:
The following was written with an expectation that I should have the Liberty to lay the same before the Court of Enquiry, before whom I was impeached as an Enemy to my country and cast into Prison, (in Boston 6th August 1776) but it has been said by some I was not rightly understood, and if opportunity be given to me to open my simple meaning to the Court, and I am restored to my just right of Liberty, cause of Complaint will end; and if not, this will serve to inform all whom it may concern, the Principles I acted upon, and if I am to be confined in Prison for that I cannot in Confidence do, it will be happy for me if I am indeed taught to suffer with Patience.Several copies of that text survive because Capen had his address printed—an act that probably reinforced militant Patriots’ fear that he was a troublemaker.
On the copy of that handbill offered by Sotheby’s in 2013, Capen also wrote a note to Sheriff William Greenleaf:
You have never yet shewed me by what authority you have kept me thus in prison which you ought to have dun & now demand of you a coppey of my commitment and I likewise demand of you my just liberty as I look on you answerable for all the consequences of unjust imprisonment.Again, perhaps not the most politic way of winning over the authorities.
Capen kept a copy of his handbill sold by Heritage Auctions in 2006 with Biblical citations for his argument and notes about exactly how long he was in jail. That copy appears above.
While Boston 1775 may have just left Capen in the Boston jail for a month, 250 years ago the Massachusetts authorities kept him locked up for much longer.
TOMORROW: Another sort of plea.













