As a Sandemanian, Capen had stayed loyal to the British Crown—but then he’d stayed in Boston after the British military left. He refused to pledge allegiance to the colonies declaring independence in July 1776, rendering himself suspicious.
As I previously quoted, Capen tried a public plea for his release. His wife Patience petitioned the state government. His friends in the merchant community vouched for him.
On 20 June 1777, the Massachusetts Council approved a petition from merchant Robert Pierpont and others for Capen’s release. The lower house of the General Court “concurr’d as taken into a new Draught.”
A resolution is printed in Massachusetts Acts and Resolves, stipulating that Pierpont and friends would give “Give bond to the Treasurr. of This State in the sum of five hundred Pounds” that Capen would “appear before any Court in the County of Suffolk.”
But apparently the House never agreed to that wording, or those terms. Capen remained in jail.
On 24 Feb 1778, the Council took up a new petition from Patience Capen. That board named Benjamin Austin to a committee to consider it along with whatever members the House named.
On 3 March, the Council accepted that committee’s recommendation. Moses Gill (shown above) delivered the news to the House. And the House disagreed, telling the committee instead to “enquire of the Committee of Correspondence, &c. of the Town of Boston, respecting Mr. Capen.”
A week later, there was a new report. The Council again agreed with the committee, Jabez Fisher reported. The House again disagreed, and voted to set the petition aside.
The Council, made up of richer men, was apparently inclined to be more lenient, but the House, dominated by rural delegates, was still not in a forgiving mood.
The Massachusetts government had exchanged some of its Loyalist prisoners to bring captives back from New York. That wasn’t an option for Capen since he didn’t want to go over to the enemy.
And thus the legislative term ended in the spring of 1778 with Hopestill Capen still in the Boston jail.
TOMORROW: Change of heart.
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