this family s m Secretly Polluted

Mutilation of Pedophiles Banishment and Death of Sodomites and Sectarians Massacre of AmerIndians and Irish Catholics Enslavement of maidens and children Sword of State cleaving King’s head purifying a scandalous ministry publishing Fundamental Laws outlawing Cruelty and Torture gratifying merchant ambition a New Model Army forging a Puritan Empire One Anglo-American Permutation of the Protestant Reformation withall John Humfrey, Esq., & Company

by Seth Many Lady Susan Humfrey Parting from Her Children. 16411

1 “Lady Susan Humfrey,” M. Swett Invt & Delin. Pendleton’s Lithography, Boston; in Alfonso Lewis, History of Lynn, (Boston: Eastburn, 1829), insert between pp.62-63. Pendleton’s was Boston’s first lithography shop. Moses A. Swett was draftsman there from January 1826-1829. He moved to NY in 1830. David Tatham, “The Pendleton-Moore Shop. Lithographic Artists in Boston, 1825-1840,” Old-Time New England (Quarterly), 62(2), October-December 1971, 29. “Invt.” means invented; and “Delin,” delineated; hence an original interpretive composition done by Swett. The lithograph was absent from the 2nd Lewis (1844) edition and all subsequent Alonzo Lewis/James R. Newhall History of Lynn editions. this family SECRETLY POLLUTED

Table of Contents

Natural Lusts...... 0 Chapter 1. A Very Foul Sin Bellingham’s Inquest...... 1 Chapter 2. What Kind of Sin? Know the Mind of God...... 6 Chapter 3. Extracting Confessions Limiting Torture...... 1 1 Chapter 4. His Nostrils Slit and Seared Mutilation or Death...... 1 6

Golden Girdle...... 2 9 Chapter 5. Filthy Dreams Pollution Mitigation...... 3 0 Chapter 6. Outside the Bond of Marriage Labor Laws of Lust...... 4 1 Chapter 7. Strong Meat at Full Age The Marriage State...... 5 7 Chapter 8. Free Fruits Statutes of Liberty...... 6 5

Children of Wrath...... 8 3 Chapter 9. The Eye that Mocketh Terror Incarnate...... 8 5 Chapter 10. Bent to Remove John Humfrey at Bay...... 9 2 Chapter 11. Mother of Shame Lady Susan Humfrey...... 146 Chapter 12. Untold Pangs Issues Unresolved...... 156

The Powering Ovt of The Seven Vials...... 172 I. H., To the Christian Reader Chapter 13. Winters Discourse Ceased Old Providence...... 174 Chapter 14. Shyp of Folys Late Returns...... 184 Chapter 15. New Model Army Humfrey’s Civil War...... 191 Chapter 16. Kernal Renewed Col. John Humfrey Jr...... 222

Expurgations...... 261 Chapter 17. Daniel in Lyon’s Den Inherited Poison...... 262 Chapter 18. Masturbation Corruptus East Hampton’s Missing Accounts...... 273

Table of Appendices...... 278 Appendix I. Maps A. Saugus (Lynn) Farm, 1634...... 280 B. Humfrey’s Plaines Farm at Marblehead Border (1635-1636)...... 281 C. Humfrey’s Ponds Farm at Suntaug Lake (1635- 1638)...... 282 D. Humfrey’s Salem lot No. 34, 1644...... 283 Appendix II. Documents A. Disbanding Declaration of January 1648. ....284 Appendix III. Will, Accounts, Suites A. Humfrey Oral Will and contested Administration ...... 289 B. Humfrey’s Estate Accounts...... 290 C. Humphreyes v. Humphreys: Middlesex Chancery Court, 1652-1653...... 301 Appendix IV. Humfrey Links A. Johan. Humphredo, Harvard Trustee, 1642 ...... 316 B. Humfrey Sex-Case Participants...... 317 C. Humfrey Relatives and Associations...... 320 Appendix V. Puritan Law A. Body of Liberties of 1641...... 337 B. 1642 Sex-Crime Amendments to the Body of Liberties...... 342 C. Capital Codes Compared...... 342 Appendix VI. Puritan Perspectives Appendix VII. Antiphones A. Anonymous: “Young Lady of Lynn”...... 355 B. Morton’s Hymen Joyes...... 355 C. D’Urfy’s Lass of Lynn...... 356 Bibliography...... 359

Index...... 390 atural Lusts N

Againe, if ye unnaturall lusts of men with men, or woman with woman, or either with beasts, be to be punished with death, then a pari naturall lusts of men towards children under age are so to be punished.

Rev. Charles Chauncy, Plymouth Plantation, March 1642 2

2 Bradford’s History “Of Plimoth Plantation” 471 this family.. Chapter 1. A Very Foul Sin Bellingham’s Inquest

This year there was discovered a very foul sin, committed by three persons, who the year following came under censure for the same.3 John Winthrop, October 1641

n 1634 two proud Puritan squires set foot in the young aspiring Massachusetts Bay Plantation. Richard Bellingham hails from Brombye Wood in the Earl of Lincoln’s I domain near the ancient city of Boston.4 Prior to the journey the wealthy Bellingham divests extensive family holding to a cadre of Puritan elites.5 John Humfrey, originally of Dorset and lately of Westminster, is husband to the Lincolnshire Earl’s sister. He is already in significant financial distress. Whereas Bellingham shines luminous in Bay history, Humfrey is confined to a dark historic hole by the revelation of his family secretly polluted. From a warm Bay welcome at age forty-three, Bellingham rises rapidly within the heirarchy. Assuming the position of deputy Governor in 1635, he serves frequently thereafter as Assistant on the Governing Council,6 gaining a formidable reputation for

3 The Journal of John Winthrop, 370

4 Richard Bellingham (1592-1672) of Bromby in Lincolnshire was sired by William Bellingham (I) out of Frances Amcotts. Siblings included younger brother William (II) and sisters Susannah (m. Pormont), Sarah (m. Goodrick), Judith, and possibly Hester (m. Hibbins). Townsend, “Bellingham Sketch” New England Historical and Genealogic Register, 1882, 36:381-386; 1894, 48:74. Bellingham was Recorder (municiple judge) of Boston, Lincolnshire, from 1625-1633. [Erroneously identified as “Boston in New England” in editor Maddison’s Linconshire Pedigrees, vol. ii (London 1903) redaction of Harliean MS 1550 in Publications of the Harleian Society, 1892, vol. 50, 117-118.] His annual wage was 6£13p, the same salary as the Mayor’s chef. Bellingham was elected to the quickly dissolved 1628 Parliament. In 1629 he helped draft the charter for the London-based Massachusetts Bay Company. Thompson, The History and Antiquities of Boston in the County of Lincoln, 428; Cook, Linconshire Links, 49

5 Robert Lord Brooke, Richard Knightly, and John Hampden paid Bellingham £3000 for his Messuages, Cottages, lands, tenements, meadows, &c. &c. &c. in Brombey Wood & Borringham. An additional £1200 was gained from the liquidation of other holdinga. “Abstracts of Close Roll 9 of Charles I., part 35, Nos. 22, 23, 24,” in Townsend, “Bellingham Sketch” New England Historical and Genealogic Register, 1882, 36:386-387

6 The Journal of John Winthrop, 131, n.39. After 1641 Bellingham served continuously as Magistrate, but his disastrous first term as Governor delayed return to post until 1654. In 1653 and 1655-1664 he was elected Deputy Governor. In 1664 he was received the title of Major General. Upon Endecott’s death in 1665 Bellingham sat as governor for nine more terms until his own death in 1672 at the age of eighty-one.

1 ...Secretly Polluted temper, severity78 and a persecuting spirit. In June 1641 Bellingham wins the coveted Governorship in a hotly contested General Court election marked by substantial ballot irregularities.9 Ex-governor Winthrop claims that his own votes by Deputies are rejected on a technicality unsupported by order of the court;10 that Bellingham is chosen unduly.11 His protests garners little support.

Savage, Genealogical Dictionary of New England, i, 161; Moore, Memoirs of American Governors, 335- 346

7 Bellingham’s judicial severity was manifest in the Baptist and Quaker persecutions of the next two decades. While avoiding the imposition of the death penalty, he applied maximum whipping (stripes), public derogation, mutilation and banishment to rid the Bay of its blasphemous and heretical religious disruptors. In July 1658, during the blasphemy-heresy trials of Quakers Christopher Holder, John Copeland and John Rouse, Bellingham declaimed: though they knew the law, yet they are come again in contempt to revile magistrates and ministers and to break all order in Churches and to deceive the people, and so whatever come upon them, whether loss of ears or loss of life, their blood be upon their own heads. Wertenbaker, The Puritan Oligarchy, 232-233, n.61 citing New England’s Ensign--It being the Account of Cruelty, the Professor’s Pride and the Articles of their Faith. Written at sea by Quakers (London, 1659), 86-88. Holder was emprisoned, whipped, banished and lost an ear. Records Court Assistants iii, 109; Powers, Crime and Punishment in Early Massachusetts, 337-338. Bellingham also adjudicated the sentence of Wenlock Christison (Christenson), who had been jailed for a time in 1659, sentenced to hang, recanted and banished, but returned. He and two obdurate recidivist Quaker women were dragged through the streets at Boston, Roxbury, and Dedham, receiving the legal limit of thirty stripes before being driven into the wilderness. Powers, Crime and Punishment in Early Massachusetts, 354-355

8 Savage, Genealogical Dictionary of New England, i, 161-162, citing Governor William Coddington’s derogatory Demonstration of True Love. A formidable Puritan loyalist for almost 50 years, Bellingham has been variously described as slow of speech, arrogant, stern, moody, and devoted. Some have characterized him as “benevolent, devout, conscientious, resolute, and a hater of bribes.” Moore, Memoirs of American Governors, 345, citing Hubbard and Mather. Covey (absent attribution) calls Bellingham hallucinatory, paranoid, and sadistic, “known to hide under his bed from an apparition before he left England” and “insane” at death on December 2, 1672. Covey, The Gentle Radical, 107. See also Thompson, The History and Antiquities of Boston in the County of Lincoln, 428, ns. 7-8

9 This early procedural challenge regarding permissible ballots and timely voting prefigured similar issues raised some 360 years later in the 2000 U.S. presidential election between Bush and Gore. Bush v. Gore 531 U.S. 98 (2000). The General Court, dismayed by the denial of votes and an appearance of impropriety in the benevolence previously granted Humfrey of £250, promptly deprived Bellingham of a Governor’s traditional compensation of £100. Records Massachusetts Bay, i, 327; The Journal of John Winthrop, 360-361

10 In an unusual annotated 1891 fictional rendering, novelist Edmund Carpenter lists Bradstreet, Stoughton, and Humfrey as those Magistrates denying the claimed liberty and thus supporting Bellingham’s 1641 election. Carpenter identifies Humfrey marching between Dudley and John Winthrop Jr. in the procession preceding the election. In a pathetic depiction, a powerless Bellingham watches “his sister,” notorious

2 this family.. Within several months Bellingham is embroiled in his own scandal. Upon the 1640 death of first wife Elizabeth Backhouse,12 he browses a pinched market for a suitable mate. Within his own household resides a young man to whom the elite young Penelope Pelham’s (I)13 marriage is ready to be contracted.14 Ignoring his lodger’s prior claim, the 49 year-old Governor’s affections settle upon the comely lass from Newtowne, much his inferior in years.15 He neglects, contrary to an order of court, to file the

witch Anne Hibbins, “led forth to death.” Carpenter, A Woman of Shawmut, 83-84, 80, 201 n32, 232. In Hawthorne’s Scarlet Letter, Bellingham and Anne Hibbens play dramatic roles in the trial of Hester Prynne. Hawthorne, Scarlet Letter, passim. Despite a formidable historical consensus, Bellingham’s reputed sibling relation to Anne Hibbins likely represents a former marriage with some relationship to Bellingham’s family. Her will (attested by Rev John Cotton) and bequest to son Matthew Coy in Ireland suggests an avenue of further inquiry. Proceeding Mass Hist Society, v.1(2s) 1884-1885, 186-187.

11 In the 1641 election, the liberty to vote was denied, not as required by order of the General Court, but only at the direction of some of the magistrates. The Journal of John Winthrop, 358-359, n.72-73. Besides rankling Winthrop, Bellingham had previously antagonized Dudly in a Watertown mill title dispute; and had gained some notoriety for improperly settling (fixing) a fine. Moore, Memoirs of American Governors, 338

12 Bellingham’s first wife Elizabeth Backhouse was of Swallowsfield, Berkshire. Two of their children died unbaptised (in 1626 and 1628), but son Samuel was among the first graduates at Harvard in 1642. Townsend, “Bellingham Sketch” New England Historical and Genealogic Register, 1882m 36:381-386; 1894, 48:74. Elizabeth’s father Samuel was Member of Parliament (MP) for Windsor. Maddison, Lincolnshire Pedigrees, ii, 117-118, 768 (in Publications of the Harleian Society, vol.50); Thompson, The History and Antiquities of Boston in the County of Lincoln, 428, 458. Her uncle William Backhouse was an early Adventurer in the Bay Company, author of books, astrologer a reknowned chyumist, Rosicrucian, who fortified the Company with Calvin’s Institutes. Rose-Troup, The Massachiusetts Bay Company, 133- 134, citing Wood’s Athenae, iii, 576. Elizabeth died around 1640 and son Samuel graduated from Harvard in 1642, thereafter returning to England. Pope, Pioneers of Massachusetts, 44

13 Penelope Pelham (I) (1619-1702) emigrated at age sixteen from Boston, Linconshire aboard the ship Susan and Ellen, taking up residence in Newtowne (Cambridge) in 1635. Her brother William Pelham preceded her in Boston in 1630, while brother Herbert Pelham Jr. (III) later set up in Cambridge around 1638 (Pope writes 1635). Banks, Planters of the Commonwealth, 78, 133; Savage, Genealogical Dictionary of New England, i, 161; Rose-Troup, Massachusetts Bay Company, 150-151; Pope, Pioneers of Massachusetts, 351. After her marriage to Bellingham in 1641, Penelope birthed six children, all dying early. Savage, ibid.; Pope, ibid., 44. On her passing in 1702, she is described as a virtuous Gentlewoman...who has liv’d widow just about 30 years. The Diary of Samuel Sewall, i, 468

14 The identity of Bellingham’s gentleman friend, who lodged in his house, has yet to be discovered. The Journal of John Winthrop, 367. Carpenter’s 1891 fictional account invents young secretary “Ezekiel Bolt” as the jilted suitor. Carpenter A Woman of Shawmut, passim

15 Bellingham was around 50 years of age in 1642. Pope, Pioneers of Massachusetts, 44

3 ...Secretly Polluted obligatory banns, the public notice of his marriage intentions.16 He then compounds this arrogance by officiating at his own marriage, contrary to the constant practice of the country.17 On 2 March 1642, Increase Nowell, secretary to the Governing Council and blue- ribbon sompneur,18 initiates inquiry into Governor Bellingham’s self-marriage. The proceeding is remanded to the next Court meeting the following June at which Bellingham is no longer Governor, but still a member of the Council of Assistants. Bellingham refuses to step down. The ever politic Nowell suspends the hearing, being unwilling to command him publicly to go off the bench, and yet not thinking it fit he should sit as a judge, when he was by law to answer as an offender. This he took ill, and said he would not go off the bench, except he were commanded.19

Humfrey child sex Revelations A few months earlier in late autumn 1641 Dorcas Humfrey confesses her secret sexual liasons.20 The case breaks squarely upon the reputable shoulders of Lynn freeman Jenkin Davies, sent forthwith to prison to await trial.21 From then through early 1642

16 Records Massachusetts Bay, i, 96. By order of 9 Sept. 1639 noe persons shalbee joined in marriage beffore the intention of the parties proceeding therein hath bene three times published at some time of publick lecture or towne meeting

17 Self-marriage by a Magistrate, although not customary, was not contrary to the law which permitted marriage upon publication of intention, consent of the parties, and the presence of a Magistrate. Haskins, Law and Authority in Early Massachusetts, 194; Norton, founding Mothers & Fathers, 66-68

18 Increase Nowell’s long and distinguished career in the Bay Commonwealth was notable for his intrigues and sexual policy leadership, avoiding public notice or rebuke. His most daring early foray into partisan affairs appeared in his 1634 scruple of Conscience regarding the contentious Iealousye betweene mr Iames the Pastor of Charlton & many of his people. The Journal of John Winthrop, 112, 84, n.47. Criticized for a jealous and melancholy disposition, the elder Reverend Thomas James was warned out of Charlestown by Nowell partisans. James moved on to Providence and Pautuxet Rhode Island from 1637-1639, thence proceeding to New Haven around 1639-1640. In 1642 he was briefly in Virginia, but soon moved back to New Haven. He returned to Needham, England in 1648/1649, his 1682 will probated the year following. Pope, Pioneers of Massachusetts, 255-256; New Haven Colonial Records i, 24, 92. In 1656 his son, Rev. Thomas James, Jr. of East Hampton, Long Island, charged young Daniel Fairfield with filthiness with his maid and attempting a dalliance with his daughter. Records of the Town of East-Hampton, i, 89-90

19 The Journal of John Winthrop, 367. [An interpolated does not appear in context to refer to an actual command from Winthrop, but a paraphrase of except he were commanded.]

20 The Journal of John Winthrop, 371

21 Records Massachusetts Bay, i (10 December 1641)., 345

4 this family.. Bellingham and Council direct inquiry22 into Commonwealth v. Fairfield, Davies, and Hudson.23 The General Court instructs Bellingham to query the elders and Magistrates of Plymouth, Connecticut, and New Haven regarding the puzzling issues.24 In his urgent 28 March 1642 post to Governor Bradford of Plymouth, Bellingham presents two things of special importance,25 that you may impart them to the rest of your magistrates and also to your Elders for counsel, and give us your advice in them. The first is concerning heinous offenses in point of uncleanness.26 On 17 May 1642 Bradford, apologizing for the long delay, submits the opinions of three Plymouth Plantation Rever Elders, ministers Raynors, Partrich, and Chancy. In this case so difficulte and of so high a nature he asks his Governing Council27 what was the kind of this sin.28

22 After Humfrey’s departure, Bellingham’s Council consisted of Deputy Governor Dudley and Assistants Winthrop, John Winthrop Jr., John Endecott, Richard Saltonstall Jr., Simon Bradstreet, Isreal Stoughton, and Icrease Nowell. Records Court Assistants, ii, 103

23 Bradford’s History “Of Plimoth Plantation.” 461

24 The Journal of John Winthrop, 371

25 Bellingham also requested that Plymouth suppress or annex the Narragansett Bay Plantations of Roger Williams at Providence, Anne Hutchinson at Portsmouth, William Coddington at Newport, and Samuel Gorton at Warwick Plantation. Bradford’s History “Of Plimoth Plantation.” 461. These plantings were considered schismatic and heretical: Secretly, also, sowing the seeds of Familism and Anabaptistry, a threat to religious and civil order. Moreover, these they posed a threat to Bay-Plymouth monopoly on the trade of beaver. Morison, Of Plymouth Plantation 1620-1647 (1952), 217-218, n.1

26 Bradford’s History “Of Plimoth Plantation.” (1898), 461. Bellingham’s letter to Bradford refers to the perticular cases, with yee circomstances, and y question ther upon, you have hear inclosed. Bradford subsequently writes: The note inclosed follows on ye other side. This 1898 edition of the Bradford history remarks: “A leaf is here wanting in the original manuscript, it having been cut out.” Idem, 461-462, n.*, 462. In his 1908 edition, editor Davis comments, “A leaf is here wanting in the original manuscript, it having been cut before Prince’s time, as is shown by a note in his handwriting.” [Rev. Thomas Prince authored the Chronological History of New England (Boston, 1736), based upon Capt. Edward Johnson’s Wonder-Working Providence, the latter first printed absent authorship in London in 1654.] The Davis edition omits the responses of clerics Rayner, Partridge and Chauncy. Davis, ed., Bradford’s History of Plymouth Plantation.1606-1646, 366-367, n.2. In his popular 1952 edition, historian Morison argues that “Bradford inadvertently...forgot...or decided that it was unnecessary” to copy the enclosed note. Morison, ed., Of Plymouth Plantation 1620-1647, 318, n.2. [An expurgated or missing “bill of sexual particulars” is consistent with late 19th century historiography; its recovery might enlighten many issues raised by the historical record.]

27 Bradford’s History “Of Plimoth Plantation.” 462-477

28 The Journal of John Winthrop, 371

5 ...Secretly Polluted

Chapter 2. What Kind of Sin? Know the Mind of God

It was a great question what the kind of this sin was, whether sodomy, or rape, or etc., which caused the court to seek to know the mind of God by the help of all the elders of the country, both our own, and Plimouth, and Connecticut, New Haven, etc. Governor John Winthrop, October 164129

n May 1642, three highly esteemed Plymouth Plantation ministers, John Rayner of Plymouth, Ralph Partridge of Duxbury, and Charles Chauncy of Scituate reply to I Bellingham’s request.30 Plymouth’s Governor Bradford also weighs in.31 The central legal issue is justification for the death penalty in a case of sexual contact with two young girls by three men. As befits an amicus filing,32 the experts write detailed opinions based upon Bible authority with occasional reference to English law. The questions posed are as follows:

Q1. Is this sin Rape?33 Only adulterous rape of a married woman or virgin betrothed commands the death penalty in the Law Books of the Christian bible.34 But married or betrothed (or even unpromised), a woman must cry out in a timely fashion or rape can not be established. Distinct from rape of the bethrothed or married, rape of a virgin maid is not a death penalty crime, but a non-capital mix of fornication, theft of (father’s) property, and

29 The Journal of John Winthrop, 371

30 Chauncy arrived at Plymouth in 1638, was at Scituate in 1641, and was appointed Harvard President in 1654. Miller and Johnson, The Puritans, 704-705

31 Bradford’s History “Of Plimoth Plantation.” 463-474

32 Amicus curiae, friends of the court

33 Rape at common law is a crime of forced copulation by one person absent the consent or against the will of another.

34 Mosaic Books of Law are Genesis, Exodus, Leviticus, Numbers, and Deuteronomy.

6 this family.. slander.35 Neither Rayner nor Partridge address the rape issue. Chauncy is more bold. Likening capital adultery and aulterous rape to other capital sexual sins in a circular manner, he concludes that all raps are as murder:36 all yee sines mentioned in y question were punished with death by ye judicial law of Moysses, as adultry...Raps in like maner...raps are as murder37

Q2. Is this sin Sodomy, Buggery, or Bestiality? Scripture commands fruitful, i.e., pro-creative, sex.38 The incapacity of a prepubertal girl to bear children invites comparison to sodomy, buggery, and (perhaps) bestiality. But are penile penetration and the release of seed necessary to infer the sin? The central sodomy question is shrouded in latin legalese: an contactus et fricatio usque ad effusionem seminis sit sodomia morte plectenda?39 That is, “does contact and rubbing to ejaculation establish the death penalty like sodomy?”40

35 Deuteronomy 22:22-30

36 Chauncy, citing Deuteronomy 22.25, in Bradford’s History “Of Plimoth Plantation” 468-469

37 Chauncy cites Deuteronomy 22.25 as authority for s rape death penalty. But by this passage, if a man find a bethrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die. The passages germaine to rape of an unmarried, uncontracted female are Deuteronomy 22.28-29, where the punishment for the male is obligatory financial compensation and permanent marriage: If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found More recent Bible translations have translated “lay hold” as “forced” or “raped.” The New English Bible, Deuteronomy 23.28, 206; The New International Version (NIV), Deuteronomy 23.28, 146. But no translation authorizes capital punishment where the female is neither married nor espoused..

38 Genesis 1.22, 1.28, 9.1, 9.7; 35.11

39 The Journal of John Winthrop, 372

40 The latin phrase “usque ad” is legally rendered exclusive, meaning “up to, but not including.” Black’s Law Dictionary, 1712. Dunn renders the meaning inclusive, i.e., “Should touching or rubbing to the extent of causing the effusion of semen be considered an act of sodomy” The Journal of John Winthrop, 372, n.12. While the legal point may appear obscure, it plays a seminal role in the capital inquiry.

7 ...Secretly Polluted Governor Robert Bradford (1) No, if the body be not actually defiled. though a man did smite or wound another with a full purpose or desire to kill him (which is murder in a high degree before God), yet if he did not die, the magistrate was not to take away the other’s life...we doubt whether it may be safe for ye magistrate to proceed to death; we think, upon the former grounds, rather he may not. As, for instance, in ye case of adultery. If it be admitted that it is to be punished with death, which to some of us is not clear;41 if ye body be not actually defiled, then death is not to be inflicted. So in sodomy and bestiality, if there be not penetration.42 Reverend John Rayner: (1) it is sodomy if penetration is present (2) a death penalty is warranted in sodomie, cum penetratione corporis, i.e., sodomy with penetration of the body (3) contact and friction to ejaculation might also be capital: It seems allso yt this foule sine might be capitall, though ther was not penitratio corporis, but on contactus & frication usq ad effusionem seminis.43 Rev. Ralph Partridge: (1) sodomy is an act of penetration among ye nations wher this unnaturall unclainnes is comited (2) sodomy at common law requires the element of penetration (3) a lesser penalty may be appropriate where intent, but no penetration is proved.44

41 Plymouth law initially treated adultery as a species of fornication, with punishment left to judicial discretion. Adultery was later appended to the list of potential capital offenses, but absent mandatory death penalty. Chapin, Criminal Justice in Colonial America, 1606-1660, 11, n.19, 154, citing Plymouth Records 11:12

42 Bradford’s History “Of Plimoth Plantation.” 462-463

43 Bradford’s History “Of Plimoth Plantation.” 464

44 Bradford’s History “Of Plimoth Plantation.” 466-467. Proof of enile penetration was generally considered a necessary condition of sodomy and rape convictions. But persons present, abetting, and aiding the misdoer are principals also. Coke, Institutes of the Laws of England, The Third Part, Cap. 10, p.59. In 1631 Mervyn Touchet, Lord Audley, 2nd Earl of Castlehaven (allegedly) emitted sperm between the legs of his manservant who was having sex with the Earl’s wife (perhaps) against her will. Despite dubious legal process (no counsel, no cross-examination, etc.) Touchet’s was hung for (1) abetting the rape of his wife; a conviction unanimous but for one judicial vote. And (2) despite no confession and no

8 this family.. Rev. Charles Chauncy: (1) unnatural sexual acts incompatible with procreation, such as sodomy, buggery, and bestiality are subject to the imutable, and ppetuall judcials of Moyses, ever to be punished by death.45 (2) certain natural sex acts are similar to those unnatural acts Againe, if ye unnaturall lusts of men with men, or woman with woman, or either with beasts be to be punished with death, then a pari naturall lusts of men toward children under age are so to be punished.46 (3) not only penetration but other acts preceding the same may create capital liability: yee unclean acts punishable with death by the law of God are not only y grose acts of uncleannes by way of carnall copulation, but all ye evidente attempts therof 47

Q3. Is this Ignorant or Knowing Sin? A Sin of Presumption?48 Mosaic decree demands that sins of ignorance be differentiated from those of presumptive knowledge.49 Form, context, and understanding must be ascertained. Is the sin simple and singular? Compound or complex? When and where did it take place?

witnesses to homosexual penetration, a slim majority of fifteen peers including Sir Robert Rich (Earl of Warwick) voted to convict on the sodomy charge, while twelve lords (including Henry Rich, Earl of Holland) found Castlehaven not guilty thereupon. Herrup, A House in Gross Disorder, 87, 157, passim. See also Godbeer, Cry of Sodom” William & Mary Quarterly, 3s, 52(2), April 1995, 269-270; and Bennet, Sexual Freedom and the Constitution, 31

45 Bradford’s History “Of Plimoth Plantation.” 468

46 Bradford’s History “Of Plimoth Plantation.” 471

47 Bradford’s History “Of Plimoth Plantation.” 469

48 In no other trial in the Bay was the issue of presumptuous sin so manifest in a capital presentmentt.

49 Presumptuous Sin is contrasted with sin committed by ignorance, atoned for by a non-human sacrifice offering. Numbers 15.24-29. Persistant religious disobedience is punished with human sacrifice so that all the people shall hear and fear and do no more presumptuously...The man that will do presumptuously and will not harken unto the priest that standeth to minister there before the Lord they God, or unto the judge, even that man shall die Deuteronomy 17:13-12

9 ...Secretly Polluted Was it on the Lordes day, the Sabbath, or on special teaching days?50 Was it repetitively committed in willful disregard of the 4th Commandment to attend church?51

Rev. Ralph Partridge: No Comment Rev. John Rayner: (1) full intention, bold attempts, and guile dispositive Besids, full intention and bould attempting of ye foulest acts may seem to have been capitall here, as wel as coming presumptuously to slay with guile was capitall.52 Rev. Charles Chauncy: (1) No doubt about it all yee sines mentioned in y question were punished with death by ye judiciall law of Moyses, as adultry...And all presumtuous sins. Numb: 15.30-3153

50 By this severity God testified how much stress He laid upon the observance of the Sabbath. Calvin, Commentaries on the Four Last Books of Moses, iv, 97. Calvin then praises the devotion (called humility) of elders Moses and Aaron, whose authority retains the whole people in the path of duty...and in that they quietly wait for the decision of God; and finally...their energy in executing the punishment as soon as God has declared the sentence. The obedient congregation renders the punishment communal by stoning to death the man found knowingly gathering sticks on the proscribed day of the week. Idem

51 Fairfield was lawfully mutilated for continued sexual abuse compounded by occasion especially on the Lorde’s day and lecture days. The Journal of John Winthrop, 370

52 Bradford’s History “Of Plimoth Plantation.” 464

53 Bradford’s History “Of Plimoth Plantation.” 472.

10 this family.. Chapter 3. Extracting Confessions Limiting Torture

To inflicte some punishmente meerly for this reason, to extracte a conffession of a capitall crime, is contrary to ye nature of vindictive justice, which always hath respecte to a known crime comitited by ye person punished Rev. John Rayner, 1642 54

aving established the capital nature of the crime (what kind of sin), due process standards and limitations on inquiry are front and center. Following long- H established English tradition, gallows citations are pursued with diligent inquisitorial methods designed to gain confession and reveal accomplices. Trickery, fraud, coercion, threats, cruelty, and torture are devices common to pretrial and trial procedure, both before and after judgment.55 But the Puritan council, long exposed to legal depradations, probes the religious-moral limits of judicial inquiry.

Q4. May confessions in capital cases be coerced or forced? Q5. May Oaths be Compelled? Q6. May Cruelty and Torture be applied?

Rev. John Rayner: (1) magistrates must proceed with the greatest diligence:56 (2) It is a sin of neglect for the judge to fail in the diligent inquisition of the parties A majestrate cannot without sin neglecte diligente inquision into ye cause

54 Rayner, in Bradford’s History “Of Plimoth Plantation.” 465-466

55 Flaherty, Privacy in Colonial New England, 234; Haskins, Law and Authority in Early Massachusetts, 201

56 Flaherty, Privacy in Colonial New England, 233-234. The Humfrey affair encouraged obtaining evidence by any means possible in a putative capital crime. Flaherty argues that Bellingham’s administrative justice experience informed him that torture was enjoined under English common law. Flaherty, idem. Even John Felton, assassin of George Villiers, the 1st Duke of Buckingham (1592-1628), had been protected from legal brutality. King Charles wanted Felton stretched on the rack and handed his severed offending arm. But the judges unanimously decreed that torture was not justified by English law. Lingard, A History of England, vol. ix, 230

11 ...Secretly Polluted brought before him.57 (3) All due means must be used to gain a confession a magistrate ought to require, and by all due means to procure from ye person (so farr allready bewrayed) a naked confession of ye fact.58 (4) althoughself-crimination is disallowed, the magistrate is bound to press inquiry: for though nemo tenetur prodere seipsum,59 yet by that wch may be known to yee magistrat by y fornamed means, he is bound thus to doe, or els he may betray his countrie & people to ye heavy displeasure of God.60 (5) elements which force this duty include comone reports, or probabilities, suspition, or some complainte, (or ye like) (6) yet cruel punishment is enjoined: it will therfore, for any thing which can before be knowne, be ye provocking and forcing of wrath, compared to yee wringing of y nose, which is as well forbiden yee fathers of y countrie as of ye family, as produsing many sad & dangerous effects.61 (7) plea by oath in matters of life and death disallowed. That an oath (ex officio) for such a purpose is no due means, hath been abundantly proved by ye godly learned, & is well known.62 Rev. Ralph Partridge: (1) magistrate bound by diligent inquiry and forceful argument to ascertain truth a magistrate is bound, by carfull examenation of circomstances & weighing of probabilities, to sifte ye accused, and by force of argumente to draw him to an acknowledgment of ye truth.

57 Bradford’s History “Of Plimoth Plantation,” 465, citing Job 29.15; Pro: 24.11.12, 25.2

58 Bradford’s History “Of Plimoth Plantation,” 465, citing Deuteronomy 21.1.9, 22.13.21

59 nemo tenetur prodere seipsum, i.e., no one is bound to betray himself

60 Bradford’s History “Of Plimoth Plantation.” 465, citing Leviticus 18.24-25, Joseph 22.18, Psalms 106.30

61 Bradford’s History “Of Plimoth Plantation.” 465-466, citing Proverbs 30.33 wringing of the nose bringeth forth blood, and Ephesians 6.4 fathers, again, must not goad your children to resentment.. Rayner’s citation appears to commend Fairfield’s punishment by nasal mutilation with searing to staunch the flow.

62 Rayner, in Bradford’s History “Of Plimoth Plantation.” 465-466

12 this family.. (2) impose no violence, oath, threats or physical punishment to extract confession he may not extracte a confession of a capitall crime from a suspected person by any violent means, whether it be by an oath imposed, or by any punishments inflicted or threatened to be inflicted. (3) Oaths, violence, and threats barred because they induce (a) false confession and (b) provoke self-accusation in the absence of other witnesses for so he may draw forth an acknowledgmente of crime from a fearfull inocente: if guilty, he shall be compelled to be his owne accuser, when no other can, which is again ye rule of justice.63 Rev. Charles Chauncy: (1) plea by oath denied (2) magistrates may proceed to torture in matters of higher consequence, such as do concern the safety or ruin of states or countries.64

Q7. How many witnesses are necessary for conviction in a capital crime?

Rev. John Rayner: (1) One witness plus Ther may be conviction by one witness. & some thing yte hath y force of another, as yee evidence of y fact done by such an one, & not an other (2) unforced confession, hand-written confession sufficient when ther was no fear or danger of suffering for ye fact, hand writings acknowledged & confessed.65 Rev. Ralph Partridge: (1) conclusive evidence or one witness sufficient except ther can some evidence be prodused as aveilable & firme to prove yee facte as a witnes is, then one witnes may suffice; for therin y end an equities of ye law is attained.66 Rev. Charles Chauncy:

63 Bradford’s History “Of Plimoth Plantation.” 467

64 Bradford’s History “Of Plimoth Plantation” 473

65 Bradford’s History “Of Plimoth Plantation.” 466

66 Bradford’s History “Of Plimoth Plantation.” 467

13 ...Secretly Polluted (1) One witness sufficient if self-confession but if a man witnes against him selfe, his owne testimony is sufficente, as in yee cse of y Amalakite, 2. Sam:1.16. (2) preponderance of circumstantial evidence by many concurring circumstances, if probabillity may have ye strength of a witnes (3) Possible spectral evidence?67 Againe, when ther are sure & certaine signes & evidence by circumstances, ther needs no witness in this case (4) guilt by lot I see no cause why in waighty matters, in defecte of witneses & other proofes, we may not have recourse to a lott68

Q.8. Intent/Mens Rea? Rev. Ralph Partridge: (1) a lesser penalty may be appropriate where intent, but no penetration is proved.69 Governor Robert Bradford:

67 Reliance on “spectral evidence” to render capital punishment reached its peak in the Salem witch hangings in the last decade of the 17th Century. Increase Mather’s credulous revelation of apparitions in beguiling shapes very formose made more remarkable his own ultimate rejection of spectral evidence in those same Salem judgments. Mather, Remarkable Providences, 175, 98-204; Demos, Entertaining Satan, 64, 92-93, 98-99; Godbeer, The Devil’s Dominion, 216-222. But as early as 1648 the same course ehich hath ben taken in England for the discouery of witches, by watchinge at night was established by the General Court in New England, and the witch’s husband watched also. Records Massachusetts Bay, iii, 126

68 Bradford’s History “Of Plimoth Plantation.” 473-474

69 Bradford’s History “Of Plimoth Plantation.” 466-467. Proof of penile penetration was a necessary condition for both rape and sodomy convictions. Persons present, abetting, and aiding the misdoer are principals also. Coke, Institutes of the Laws of England, The Third Part, Cap. 10, p.59. In 1631 Mervyn Touchet, Lord Audley, 2nd Earl of Castlehaven was hanged for (1) abetting the rape of his wife and (2) sodomy. The rape charge alleged that Touchet spermed between his legs while his manservant fucked his wife. Despite conflicting testimony, no counsel, and no cross-examination the 27 member Lords bench-jury was unanimous but for one vote. And despite no witnesses to homosexual penetration, a slim majority of 15 including Sir Robert Rich (Earl of Warwick) voted to convict while 12 including Henry Rich (Earl of Holland) found Castlehaven not guilty of sodomy. Herrup, A House in Gross Disorder, 87, 157, passim. See also Godbeer, Cry of Sodom” William & Mary Quarterly, 3s, 52(2), April 1995, 269-270; and Bennet, Sexual Freedom and the Constitution, 31. The precedent established that a wife might testify against her husband regardmg rape; but penile penetration remained the standard of proof in subsequent sodomy trials. Herrup, ibid., 151-152,

14 this family.. (1) no death penalty (2) like sodomy or bestiality, acts intended must be distinguished from acts completed.70

70 Bradford’s History “Of Plimoth Plantation.” 462-463

15 ...Secretly Polluted Chapter 4. His Nostrils Slit and Seared Mutilation or Death

But among the crowd were several, whose punishment would be lifelong... one with his nostrils slit and seared; and another, with a halter about his neck, which he was forbidden ever to take off, or to conceal beneath his garments.71 Nathaniel Hawthorne, “Endicott and the Red Cross,” 1837

our years after Humfrey’s arrival in New England, a 37 year-old yeoman tradesman settles with lusty young wife Elizabeth in Salem near a farm of Mr Humfrey.72 F Daniel Fairfeld (Fairefeild, Fayrefield) (1601-?) In 1638 Salem’s half Dutchman Daniel Fairfield73 is occasionally employed at the

71 Hawthorne, “Endicott and the Red Cross,” in The Scarlet Letter and Other Tales of the Puritans (Levin, ed.), 286. Hawthorne immortalized and anonymized Fairfield at one stroke in a tale first printed in The Salem Gazette in November 14, 1837. Idem., 267. He also exercised temporal and ironic license in placing the defaced Fairfield at the defacinge of the Crosse. The cross-cropping transpired in late 1634, whereas Fairfield’s nose was split and cauterized in 1642. The Journal of John Winthrop, 136. In his mocking diorama, “Main Street” Hawthorne sketches a grim community lectured by an unnamed minister of Lynn engaged in public shaming of miscreants and sinners: Ever since sunrise, Daniel Fairfield, has been standing on the steps of the meeting- house, with a halter about his neck, which he is condemned to wear visibly throught his lifetime Hawthorne, “Main Street” in The Snow-Image and other Twice Told Tales, 77

72 The Journal of John Winthrop, 370; Savage, Genealogical Dictionary of New England, ii, 137; Records Massachusetts Bay, iii, 67, 161, 273. Lewis places Fairfield among inhabitants of Lynn; Newhall adds,”for a short time.” Lewis and Newhall, History of Lynn, 190-191. Savage is silent as to his locus. Savage, Genealogical Dictionary of New England, ii, 137. Perley mentions him not at all. Perley, History of Salem, i, ii, passim. Also resident in Salem at that time was one unrelated John Fairfield, who purchased land, joined the Salem congregation, and became freeman in 1639 or 1640. John Fairfield’s wife, Elizabeth Knight came into the Church in 1641. John Fairfield removed to Wenham and died in 1647. His widow Elizabeth subsequently married Peter Palfrey of Salem. Savage, Genealogical Dictionary of New England, ii, 137; Perley, History of Salem, i, 84, n.1.

73 Half Dutchman distinguishes Salem’s infamous Daniel from contemporaries with the same name. The Journal of John Winthrop, 370. Boston’s Daniel Fairfield also had both wife and daughter named Elizabeth, the latter baptized on 30 October 1640. His daughter Mary was baptized on 7 July 1643. Daughter Elizabeth married Boston’s Joseph Souter (Souther, Sowther) on 22 October 1657; and Mary wed John Parker of Kennebec Maine with Governor John Endecott performing the ceremony on 20 August 1660. Savage, Genealogical Dictionary of New England, ii, 137; Boston Records, vol.xviii, 333 in New

16 this family.. nearby Humfrey farm.74 Magistrate John Humfrey’s youthful daughters Dorcas and Sara are frequent visitors to Fairfield’s house where he did in a most uncleane & wicked manner, abuse himselfe upon ye body of Sara Humfry, a yonger sister of the said Dorcas and both sisters are, abused very often, especially upon the Lord’s days and lecture days, by agitation and effusion of seed Fairfield is charged with carnall knowledge of, & so, in a most vile & abominable manner, to have abused the tender body of Dorcas75 In the Court’s opinion sexual contact consists in entering the body of the elder, as it seemed; for upon search she was found to have been forced, and in this course he continued about two years.76 On 14 June 1642 the General Court enters judgment. Fairfield, upon his own confession, & other sufficient proofe shalbee severely whiped at Boston the next lecture day, & have one of his nostrills slit so high as may well bee, & then to bee seared, & kept in prison, till hee bee fit to bee sent to Salem, & then to bee whiped againe, & have the other nostrill slit & seared;77

England Genealogical Register, vol. xix (1865), 31. In a 1678 jury trial Boston’s Daniel Fairfiield brought suit against Elizabeth Fairfield in a failed attempt to reverse a Boston Comissioners Court judgment. Noble, Records Court Assistants,i (1673-1692), 121. Daniel Fairfield of Weymouth was born around the year of the trial, later married Sarah. Savage, Genealogical Dictionary of New England, ii, 137. Historian Pope confuses the different Salem and Boston Daniel Fairfields, and misidentifies the latter’s wife as “Sara.” Pope, Pioneers of Massachusetts, 160

74 The Journal of John Winthrop, 370. Prior to the sexual intimacy accusation, Daniel Fairfield had twice appeared in Salem Quarterly Court, first as a witness in a 1639 proceeding for attachment against Humfrey, second in his own 1640 trespass action against Zacheus Gould. Quarterly Courts of Essex (1639-1640), 12, 24.

75 Records of the Massachusetts Bay, ii, 12-13

76 According to Winthrop, the eldest [was] not yet seven at the onset of the two year affair. The Journal of John Winthrop, 370. The General Court Records state that Dorcas was abused from about her age of 7 yeares to about her age of 9 yeares. Records Massachusetts Bay , ii, 12. The precise year of the initial abuse is not identified.

77 Choosing the nose, a pendant and prominent public homologue of the organ of transgression, the General Court and Magistrates incised a mutilative shame-sign and a durable public warning. Never before, nor ever again, was this penalty exacted in Massachusetts penal history. Powers, Crime and Punishment in Early Massachusetts, 184, 266

17 ...Secretly Polluted Furthermore he shall be confined to Boston neck, so as if hee bee found at any time dureing his life to go out of Boston neck, that is, beyond the railes toward Roxberry, 78 or beyond ther low water marke, hee shalbee put to death upon due conviction thereof; and hee is also to weare an hempen roape about his neck, the end of it hanging out two foote at least, & so often as he shalbe found abroad wthout it, he shalbee whiped; & if hee shall at any time hearafter attempt to abuse any pson as formerly, hee shall bee put to death r 79 upon due conviction; & hee is to pay M Humfrey forty pounds.

John Hudson (1613-1670) John Hudson arrives at Lynn in 1637,80 a lusty young man bound to John Humfrey’s service,81 on the huge isolated Plaines farm far from his master’s oversight and any female supervision. In 1639 eight year-old Dorcas seeks 27 year-old Hudson’s nocturnal fellowship.82 They bundle together: the elder girl being there, and having no woman to lodge with, came to bed to him, and then he abused her, (she was then about eight years of age,) and after this he did abuse her many times, so as she was grown capable of man’s fellowship, and took pleasure in it.83

78 Boston was hemmed in on the south side with the Bay of Roxbury, but connected to the southwest by a narrow mile-long strip of land, the Boston “Neck,” which served as the primary overland trade and transport route. Winsor, The Memorial History of Boston, 401; Wood, New England’s Prospect, 58-59

79 Records of the Massachusetts Bay, ii, 13. Whipping inflicted pain directly upon the responsible party. The fine helped to compensate the aggrieved. A nuchal noose and slit nose served as instant and durable sex-offender presence and community notification. A stringent yet indeterminate quarantine minimized the impulse for further transgression. The promise of a living human sacrifice upon repeat performance, a traditional Biblical warrant, butressed the Bay claim to God’s special favor.

80 John Hudson is named at Lynn in 1637 (among 38 new settlers) directly preceding notice that The members of the Quarterly Court this year were John Humfrey and Edward Howe. Lewis, History of Lynn (1629 edition), 64. All later editions omit this reference.

81 The Journal of John Winthrop, 370; Savage calls him “an unworthy serv. of John Humphrey.” Savage, Genealogical Dictionary of New England, ii, 488

82 Hudson’s age is established from at deposition filed on 23 September 1670, aged about fifty-seven years, sworn before William Hathorne. Quarterly Courts of Essex (Ipswich) (Sept. 1670), 282. He was thus born around 1613, age 24 at his arrival in Lynn in 1637, 26 at first contact with Dorcas, and 28 at the time the affair was exposed. See also Pope, Pioneers of Massachusetts, 246

83 The Journal of John Winthrop, 370, n.8

18 this family.. Despite Hudson’s grooming Dorcas’ for pleasure in man’s fellowship, the Court orders for him the most lenient sentence of the three adult defendants: fine and severe whipping. John Hudson, for abuseing the said Dorcas, was ordered to bee severely whiped at Boston the next lecture day, and shalbee returned to prison till hee may bee sent to Salem, & there to bee severly whiped agine; & hee shall pay unto Mrt Humfrey for abuseing his daughter twenty pounds w hin these two yeares.84

Jenkin Davies (Jenkyn Davis, Davyes) (?-1661)85 Sometime before 163686 accompanied by wife Sarah and son John, joiner Jenkin Davies departs England for New England.87 Settling in Saugus (Lynn), he works for 88 Humfrey as a carpenter-joiner in his early years in the colony. A member of the Salem church, he is made freeman in 1637. Davies is held in good esteem for piety and sobriety.89 From 1637-1641 Davies attains a position of high responsibility, serving on the Salem Quarterly Court jury as part of the Lynn contingent during four separate sessions.90 During his first session in December 1637, Humfrey, John Endecott, William Hathorne,

84 Records of the Massachusetts Bay, iii, 67

85 Savage, Genealogical Dictionary of New England, ii, 18; Lewis and Newhall, History of Lynn, 151; Pope, Pioneers of Massachusetts, 132. Davies estate was inventoried Jan 1661 and his will probated in Ipswich on 25 March 1662. Essex County Probate Records, 353, citing Files, Docket 7, 274

86 Savage, Genealogical Dictionary of New England, ii, 18. No listed emigrant Jenkin (Jenkyn, Jeankine) Davies (Davis, Davys) is found in the usual sources. Banks, Planters of the Commonwealth; Boyer, Ship Passenger Lists. Perhaps he was part of the family group of Thomas Davyes, Sawyer,late of Marlborough, who arrived with fellow passenger Edmond Batter, aboard the ship James of London in 1635. Boyer, Ship Passenger Lists, National and New England (1600-1825), 152; Pope, Pioneers of Massachusetts, 133

87 Lewis and Newhall, History of Lynn, 151-152; Savage, Genealogical Dictionary of New England, ii, 18

88 Pope, Pioneers of Massachusetts, 132 [see also The Journal of John Winthrop, 370, n.7, citing same]

89 The Journal of John Winthrop, 370

90 Davies is selected as juror on the Salem Quarterly Court (later part of Essex County) at four sessions December 1637, June 1639, March 1640, and March 1641; seated at times with Magistrate Humfrey on the bench. Quarterly Courts of Essex (Dec. 1637-March 1641). 7, 11, 17, 26. Denouncing historian Alonzo Lewis’ inclusion of Jenkin Davies in the Annals of Lynn, editor Newhall flames, “This Jenkin Davis was too vicious a person to be allowed a place in such honest company...one may falsify as well by suppressing a part of the truth as by straightforward lying.” Lewis and Newhall, History of Lynn, 151-153.

19 ...Secretly Polluted Daniel Howe, and Roger Conant91 sit on the judicial panel.92 Thereafter Humfrey is on the bench at every session where Davies is on the jury. Notable among Davies’ fellow jurors93 are Peter Palfrey,94 Jeffrey Massy,95 Edward Tomlins,96 Francis Lightfoot,97 and William

91 Roger Conant (1592-1679) of Devonshire, the most celebrated of the original Bay planters, may have been vetted by Dorchester Company treasurer Humfrey in Conant’s appointment to govern the Cape Ann settlement. His son Roger (b.1626) was the first English descent child born in Salem. Perley, History of Salem, i, 79, n.1

92 Davies may later be found juror in the Salem court with bench magistrates Governor Winthrop, John Winthrop Jr., Emanuel Downing, Edward Holyoke, and Thomas Willis (Willet). Records and Files of the Quarterly Courts,11, 17, 26. Warwickshire’s Edward Holyoke (married in 1612) was a man of faith and means, overseer in 1639 of Lord Brooke’s 800 acre estate at Lynn. Lewis and Newhall, History of Lynn, 121-123, 171. Farmer Willis was a Lynn Deputy to the first represntative General Court of 1634. Other Lynn reps were Capt. Nate Turner and Edward Tomlins. Idem, 130, 146

93 The complete Salem Quarterly Court jury panel in 3 October 1637 includes Jenkin Davies, Lawrence Leech, foreman, Peter Palfrey, Lt. Richard Davenport, John Balch, William Allen, Richard Brackenbury (Brakenbury, Brakerbourne), John Woodbury, Timothy Tomlins, Joseph Armitage, Henry Collins, and Richard Walker. Quarterly Courts of Essex (October 1637), 7. Richard Brackenbury was likely brother to William, both hailing from Folke or Holnest, Dorset. He arrived with Endecott at Salem aboard the Abigail on 6 September 1628. Banks, Planters of the Commonwealth 59; Pope, Pioneers of Massachusetts, 65. He was thus uncle to Ann, the child named in the rape charge against seaman Henry Wood in 1637.That charge was reduced to suspicion of ravishing for want of physical evidence of copulation. Wood was emprisoned and whipped for his crime. The Journal of John Winthrop, 753

94 Peter Palfrey was one of Cape Ann/s Dorchester Company Old Planters, arriving aboard the Zouch Phenix in the spring of 1624. With him came householders Thomas Gardner and John Balch, and single men Thomas Gray, William Trask, John Tilley, Walter Knight, and John Woodbury, Banks, Planters of the Commonwealth, 57-58. By 1631 Palfrey and Roger Conant had established the Salem beaver trade, in which Hugh Peter later became heavily invested. Perley, History of Salem, i, 83-84; Stearns, The Strenuous Puritan, 140

95 Jeffrey Massey emigrated from England aboard the Lyon (William Peirce, Master) in 1629. The same vessel continued on to Plymouth with returnees Thomas Morton and Isaac Allerton. Banks, Planters of the Commonwealth, 62. Massey was early appointed to survey Salem boundaries. Perley, History of Salem, i, 217, 240, 255

96 Edward Tomlins was a carpenter freeman in 1631 and six times deputy from Saugus. In 1634 the General Court appointed him to draft men to supply military ordinance. He later helped organize the Military Company of Massachusetts. In 1643 Tomlins was Lynn clerk; in 1644 agent to the Indians. Lewis and Newhall, History of Lynn, 127, 177, 196, 203, 206. In 1638-1639 Humfrey selected Tomlins, Capt. Nathaniel Turner, and William Hathorne to assess his farm Swampscot prior to its sale. In 1641 Tomlins was arraigned for opposition to singing in the churches, an opinion soon retracted. Lewis and Newhall, History of Lynn, 197, 203. His farmer brother Timothy Tomlins was freeman in 1633, and General Court rep from Lynn for thirteen sessions. In 1639 Timothy prevailed in a defamation suit. In 1640 he and William Hathorne were appointed to lay out the boundaries of Lynn. Lewis and Newhall, History of Lynn,

20 this family.. Knight.98 Through faithful service Davies gains the friendship and trust of Humfrey.99 In 1638 the town grants him 30 acres plus ten in the first official subdivision of Lynn real estate.100 Dorcas and Sara are put to board and school in Davies’ home, perhaps while Lady Susan winters in the Bahamas or Caribbean,101 or when Humfrey voyages to England with son John.102 Two years after Fairfield and Dorcas initiate sexual intimacy,103 and one year

196. The same year (1640) both Tomlins brothers joined under the ministry of Rev. Hansard Knollys in an settlement at Long Island which ignored the 1635 patent of William Alexander (1567-1640), Earl of Stirling. Upon return the 1641 General Court admonished them for the unauthorized scandall & offense. Lewis and Newhall, History of Lynn, 127-128; Pope, Pioneers of Massachusetts, 457; The Journal of John Winthrop, 358, n.70; 224, n.13

97 Francis Lightfoot was made freeman in 1636, and juryman in 1638. Pope, Pioneers of Massachusetts, 285. He found suspect Lady Deborah Moody’s qualifications for entry to Salem church membership in 1640. Lightfoot is described as an ould buissy man, came to pumpe her with questions about the persons in the Trinity. Cooper, A Dangerous Woman, 4

98 On 2 January 1637, William Knight received ten acres at the same Salem town meeting which established a stringent two acres limit on land allotted to Marblehead fishing men, and terminated as evil further land grants to unmarried women. Knight moved to Lynn in 1638. Perley, History of Salem, i, 417- 418, n.1. By the land limit, the Salem authorities hoped to encourage commercial fishing, rather than a reliance upon farming by the settlers living there. Pope identifies William Knight as an expatriate deacon, juryman, freeman (1638), and Lynn constable in 1641, coming with Hathorne to New England. Pope, Pioneers of Massachusetts.

99 Lewis and Newhall, History of Lynn, 151-152

100 Lewis and Newhall, History of Lynn, 172. At the same 1638 meeting Lynn town grants Lord Brooke (Robert Greville) the most extensive parcel, 800 acres. Was this at Humfrey’s request? Did Brooke still intend to relocate to Lynn after the rebuff of the aristocratic privilege? For Humfrey’s earlier attempted intermediation with Lyon Gardiner on this matter, see. “John Humfrey to John Winthrop, Jr.,” 20 March 1636, Winthrop Papers, iii, 239

101 Did Lady Susan annually vacate to warmer climes before cold weather set in? Cooper, A Dangerous Woman, 71, n.5, 170, citing Phillips, Salem in the Seventeenth Century, 129. But Phillips advances no such speculation. The only firm evidence for a winter respite emerges from the out-of-colony birth of Lydia Humfrey around January 1641 (later (baptized at Salem on 25 April 1641), but the location is undisclosed. “Lucy Downing to John Winthrop,” Winthrop Papers, iii, 311

102 Humfrey’s 1638 and 1639 General Court and Salem Court absencs suggest seasonal passage abroad. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 300; Quarterly Courts of Essex (1638-1639), 14-15, 23

103 Winthrop helps construct the time line: the elder of these girls (being about 9 years of age), Davies then continued this wicked course near a year. The Journal of John Winthrop, 370.

21 ...Secretly Polluted after Hudson’s incursions (Dorcas is then around nine) Davies joins her in the wicked course near a year. During much of this time a pregnant Sarah Davies denies husband Jenkin intercourse. Moved by lust for Dorcas, yet riven by fear, Davies strives against the temptation, so as he would oft entreat his wife, when she went forth, to carry the children with her, and put up a bill to the elders, to pray for one, who was strongly tempted to a foul sin.104 Outed by Dorcas in late autumn 1641, Jenkins is thrown into prison. Even then his services are sought and his friends press for his pre-trial release. On 10 December 1641 the Magistrates flesh out the terms: If two sufficient men will give 100£ bond apeece for Jenkin Davies, they may have him for a time; or if other two honest men will be bound for him, body for body, for ten days, keeping a lock upon his leg, or other irons, & then to returne him to the prison105 The court is not moved by Davies’ respect for his wife’s scruples or his efforts to recuse his soul from temptation while permitting his lust full reign. On 14 June 1642, Jenkin Davies, for his abuseing the forenamed Dorcas was ordered to bee severely whiped at Boston on a lecture day, & shalbee returned to prison till hee may bee sent to Linne, & there to bee severly whiped also, & from thencefourth shalbee confined to the said towne of Linne, so as if hee shall at any time go fourth of the bounds of the said towne, (wthout licence of this Corrt,) & shalbee duely convict therof, hee shalbee put to death; & also hee shall weare an hempen roape apparently about his neck dureing the pleasure of this Corrt, so as if hee bee found to have gone abroad at any time wthout it, hee shalbee againe whiped; & furthr, if hee shalbee duely convicted to have attempted any such wickednes (for wch hee is now sentenced) upon any child after this Õsent day, hee shalbee put to death; & hee is to pay forty pounds to Mr Humfrey for abuseing his daughter. 106

Aftermath

104 The Journal of John Winthrop, 370

105 Records Massachusetts Bay, i, 345

106 Records of the Massachusetts Bay, ii, 13. The labor value of £40 may be appreciated by noting that in the Plymouth plantation at about that time, besides room and board, a hired man might receive in wages £6 to £10 per year. By comparison a young cow, a full set of kitchen utensils, and a featherbed might each be worth about £3. In 1652 one house and lands of a yeoman were valued for estate purposes at £8. Demos, A Little Commonwealth, 108; 44, n.14; 37

22 this family.. Fairfield, Hudson, and Davies accept their lashes with fortitude and repentance: All parties receive their punishments patiently, without any striving or complaining, (though thy had near 40 stripes), and acknowledge their sins to be greater than their punishment, etc.107

Daniel Fairfield Daniel Fairfield bears the brunt of the indictment and punishment. In the colonial era of legally sanctioned mutilation, he is the only New Englander to suffer nostril slitting and searing.108 Released from Boston neck confinement in 1644, he is alowed to go to work wthin any part of Boston lymits, both in the island and elsewhere, and also at Roxberry, so as heae go not above five miles from Boston meeting house.109 In 1646 the Deputies confirm the imposition of the nuchal rope, maintaining the symbol of death by hanging which also serves as community notice of his notorious transgression. In ansre to y peticon of Elizabeth Fairefeild, for ye dischardging hir husband from yte pte of y censure inflicted on him for his notorious evills, of wearing yee rope about his necke, y Deputs could not consent yt any pte of his censure should be remitted him.110 By 1649 the Court appears pleased to be rid of him; warning only that his return will trigger his former censure. In answer to the petition of Elizabeth Fairefeeld, liberty is graunted for hir husband, hirself, & their children to depart out of this juridiccon vnto such other parts of the world as it shall please God to dispose; provided, that hir husband shallbe vnder his former censure if he retourne hither

107 The Journal of John Winthrop, 374

108 An eighteenth century graphic description of nasal slitting and cautery is provided in the Claxton England parish of Japhet Cook (Sir Peter Stringer), convicted of a fraudulent forged two thousand acre land conveyance: he was set on a chair on the pillory, when the hangman, dressed like a butcher, came to him, and, with a knife like a gardener’s pruning-knife, cut off his ears, and, with a pair of scissors, slit both his nostrils: all which Cook bore with great patience; but, at the searing, with hot irons, of his right nostril, the pain was so violent that he got up from his chair. His left nostril was not seared, so he went from the pillory bleeding. Andrews, The Colonial Period of American History,83, citing Fog’s Weekly Journal, for 12 June 1731

109 Records Massachusetts Bay, ii, 61

110 Records Massachusetts Bay , iii, 67. Regarding the disputed child sex amendments, the Magistrates by 1646 may have favored remitting Fairfield’s punishment, while the Deputies perhaps maintained a hard line.

23 ...Secretly Polluted againe.111 One decade after the trial, his wife’s persistant appeals bear fruit. The Court, demoting his crime to some miscariags, permits Fairfield to cast off his rope. The husband of Elizabeth Fayrfeild, being longe since judged for some miscariags of his to weare a rope about his neck during the Courts pleasure, vppon her request to this Court, hath liberty graunted him to lay the rope aside.112 A final entry on 14 October 1656 grants leave to England, but upon reinforced punitive conditions of return.. Daniel Fayrfeild, vpon his pet to this Court, hath libty to goe for England, in one of these shipps now bound thither; provided if he come agayne he shall forthwth returne to the same condition agayn as now he is in, & be committed forthwth to prison.113

John Hudson In 1645 Marie Chandler is arrested and charged with fornicating with four men. One John Hudson is implicated with Salem inn-keeper William Clarke and two others.114

111 Records Massachusetts Bay , iii, 161

112 Records Massachusetts Bay , iii, 273-274.

113 Records Massachusetts Bay , iii, 421.

114 Quarterly Court of Essex (July 1645), 82. It is not known with certainty if this be the same or a different John Hudson, as the name was common at the time. Savage, Genealogical Dictionary iii, 488-489 Besides John Hudson, the men fingered by Chandler were (1) William Clarke, (2) John Croxton, and (3) Roger Dewhurst (Deuherst, Duhurst). In 1630 Innkeeper William Clarke was prohibited cohabition with the married Mrs Freeman in the first Bay adultery trial. In 1640 his children were the object of servant John Cooke’s lust. Records Court Assistants, ii, 8; Quarterly Courts of Essex (Sept. 1640), 21. John Croxton may have been related through marriage to Isaac Desborough (Desbrough, Dessbury, Disbrowe, Disberoe) (1621-1660) who at age eighteen arrived aboard the ship Hopewell in 1635, settled briefly at Lynn. In 1639 Isaac was fined 5£ for stealing at Pecoit (Pequot, New London). His daughter Sarah married Thomas Croxton, and his will was witnessed by Richard Croxton. In 1638 Desborough sued Ann Burt, Hugh Burt, and Nathaniel Kertland for defamation and was in turn sued by Burt. Isaac was related to Oliver Cromwell’s son-in-law Maj-Gen. John Desborough. Savage, Genealogical Dictionary of New England, ii, 41; Banks, Planters of the Commonwealth, 159; Records Court Assistants, ii, 81, 90, 92; Waters, Genealogical Gleaning in England, ii, 244, 251-252 Roger Dewhurst was perhaps related to Henry Dewhurst, who at age 35 in 1635 arrived aboard the ship Defence of London accompanied by one of Matthew Cradock’s servants. Banks, Planters of the Commonwealth, 169. Henry received 20£ in the 1630 will of Thomas Allen of London, brother of London Alderman Edward Allen. Waters, Genealogical Gleaning in England, ii, 1689-1690, citing Scroope, 107.

24 this family.. The men go unpunished, but Marie is sentenced on her own confession, to be severely whipped, but having sore breasts and boyles, her punishishment was respitted until next Lecture day.115 In July 1649 John Hudson of Manchester116 acknowledges a court judgment and is indentured to Capt. Hathorne. Later the same year Hudson is fined 5s. at Salem Court for abandoning his compulsory night watch duty.117 In March 1652 Hathorne sues Francis Johnson for molesting my servant John Hudson.118 Johnson counter-sues Hathorne, seeking replevin of John Hudson, being under attachment of said Johnson. Hathorne is ordered to bring Hudson to the next Salem court. Hathorne testifes that upon entry of the original judgment against Hudson, he found John had agreed to serve Salem shipwright Richard Hollinswood119 for six months

Alderman Allen later defended Hugh Peter and his associate in Wales, Vavsor Powell, from charges of embezzlement. Stearns, The Strenuous Puritan, 362-363, n.48. A month or so before the fornication rap Roger Dewhurst was summoned to Salem Court for chugging a gallon of sack (white sweet Spanish wine) with five others. He was described as being disguised with drink. Records and Files Quarterly Court of Essex, i, July 1645, 83, n. In December 1649 Joseph Armitage of Lynn appointed two attorneys to recover merchandise claimed due from Roger Duhurst and ffurther to dispose of Rachel Keine his Coventt ser , for & dureing her terme. Aspinwall Naotarial Records, 205

115 Records and Files Quarterly Court of Essex, i, July 1645, 82. Marie Chandler’s multiple (group?) fornication confession must have proved embarassing to such well-connected men. There is no record of any punishment to which they were subjected. The sore breasts and boyles impute divine retribution for her sin. Marie was possibly a daughter of Edmund Chandler of Duxbury in 1633 (later Scituate) put out to service. Marie (Mary) later married Hezekiah Bradford. Savage, Genealogical Dictionary of New England, i, 357

116 The village at Jeffereys Creeke was renamed Manchester in 1645. Journal of John Winthop, 615

117 Records and Files Quarterly Court of Essex, i, July 1649, 178; February 1649/50, 184. Pope states that Hudson appeared before the General Court in the same year, 1649. Pope, Pioneers of Massachusetts, 246. This is not confirmed by the usual sources. Records of the Mass Bay, ii, iii, passsim; Records Court of Assistants, iii, passim

118 Records and Files Quarterly Court of Essex, i, March 1652, 248

119 Richard Hollingworth (Hollinsworth, Hollinswood) arrived in 1635. In 1638 he was set in the Salem stocks, for prophaning the Saboth in travelling, later deeply engaged in the colonial ship-building effort. Records Court of Assistants, ii, 80. In 1641 a vessel of 300 ton promoted by Hugh Peter was under construction in his yard. Laborer Robert Baker passed under a rope hoisting a large timber. The rope snapped, and with it Baker’s life. The Court of Assistants ordered 10£ from Hollingworth to Baker’s wife and children, an early instance of fatal negligence and worker’s family death benefits. Ibid. 103; Records and Files Quarterly Court of Essex, i, 31; The Journal of John Winthrop, 345, n.26. Worker Baker is said to have fortold his demise. Perley, History of Salem, i, 381.

25 ...Secretly Polluted out of every year for three years.120 Hudson is identified in 1654 as owing the deceased Hollingworth 20£, an amount identical to his long overdue fine payable to Humfrey.121 Hudson resides at New Haven in 1661122 when Joseph Humfrey and Edmond Batter123 inventory the estate of the deceased John Humfrey.124 At that time Hudson is still in arrears for the £20 fine imposed in 1642 and demanded wthin these two years.125 Hudson returns to his old haunts around Salem, in 1663 selling his house in

120 Records and Files Quarterly Court of Essex, i, September 1652, 261, n2

121 The Hollingworth estate accounts show receivables due from John Hudson (20£), and Francis Hudson (5s), and Maj. Sedgwick (7£). Probate Records of Essex County, i, 1635-1664, 172. A possible association of John Hudson with Francis Hudson is intriguing. Francis came in the Winthrop Fleet of 1630 out of Chatham, Kent, in the household of William Hudson, wife Susan, and brother William. Banks, Planters of the Commonwealth. Francis was ferryman at Charlestown in 1648, complaining about non- paying passengers. Records of the Mass Bay, iii, 143-144. Brother William Hudson was one of several Boston inn-keepers who in 1649 were licensed to sell wines at strictly regulated prices. Records of the Mass Bay, ii, 277; ii, 148-150; Records Court Assistants, ii, 93. In 1645 Hudson served in the English Civil War as a foot soldier under Col. Thomas Rainsborough (Rainsborow, Rainsbrowe), who in 1646 was Parliament’s Major General for Ireland, later spokesman for the radical democratization of the military advanced by the Levellers. The Journal of John Winthrop, 604, n.72; Stearns, The Strenuous Puritan, 190, 288, 293. See also Pope, Pioneers of Massachusetts, 246

122 John Hudson was for a time around 1661 in New Haven, but the duration of his stay is unclear. Essex County Probate Records (1635-1664), i, 345-347. Likely a different John Hudson settled with wife Abigail in New Haven and had children baptized there from 1654 through 1664. Probably it was this other John Hudson (of New Haven) who in September 1653 from East Hampton, Long Island had assigned two Cowes and a Calfe of Captayne Daniel howes in the hands of Robert Bond Records of the Town of East-Hampton, i, 44. Savage, Genealogical Dictionary of New England, ii, 488

123 Essex County Probate Records (1635-1664), i, 345-347; see also Savage, Genealogical Dictionary of New England, iii, 344, citing Trumbull, History of New England, I. 358; and Mass.Hist.Coll., ser.1, vol. V. 232; Perley, History of Salem, i, 196-197, n.1, citing Savage

124 Essex County Probate Records (1635-1664), i, 345; Records and Files of the Quarterly Court of Essex, ii, 339, n.*

125 Records Massachusetts Bay , ii, 13

26 this family.. Manchester.126 Along with Samuel Friend,127 Hudson witnesses the will128 of John Pickworth of Manchester.129 A 1663 Humfrey estate inventory indicates that Hudson apparently makes good on the fine to Mr Humphreys, 20li.130 Perhaps Hudson has borrowed the money or arranged to have it paid by another, for in 1667 Richard Hollingworth’s daughter Susannna sues Hudson to recover an alleged 20£ due her deceased father. Defendant Hudson gains the verdict.131 Eight years later a final accounting confirms his 20£ fine to Humfrey fully paid, perhaps with 10% interest: Account of what Mr. Joseph Humphrys received out of estate while in New England: By Mr. Jno. Hudson of New Haven, 22li.132 In 1670 Hudson’s wife Mary is 50, and son Samuel about twenty-one.133 Hudson’s deposition in a defamation action in September of the same year establishes his age about

126 Jeffryes (Jeffreys) Creeke, named for Old Planter William Jeffrey, was on the way from Salem to Gloucester. William Walton headed a group petitioning Salem for a village there in 1640. It was renamed Manchester by General Court order of 14 May 1645. Rev. Ralph Smith, formerly of Plymouth, preached there, perhaps forming a church meeting. Records Massachusetts Bay , ii, 73, 109; Journal of John Winthop, 615. Perley, History of Salem, i, 112-113, n.2; Phillips, Salem in the Seventeenth Century, 41, 118, 104

127 Humfrey’s Plaines Farm carpenter John Friend settled in that part of Salem, Jeffryes Creek, incorporated as Manchester in 1645. Son Samuel lived there at least through the early 1660's. Perley, History of Salem, i, 448

128 Essex County Probate Records (1635-1664), i, 428-429; Records and Files of the Quarterly Court of Essex, iii, 113, n.*. Hudson signs by his mark.

129 John Pickworth was an early settler at Jeffrey’s Creek where he raised a large family and left his estate. Perley, History of Salem, I, 402, 446; Pope, Pioneers of Massachusetts, 359

130 Essex County Probate Records (1635-1664), i, 346

131 Susana Hollingworth v. Jno. Hutson. Debt. Verdict for defendant. Records and Files of the Quarterly Court of Essex, iii, June 1667, 425. Susanna Hollingworth was a recipient of land in her father’s will. Pope, Pioneers of Massachusetts, 236. Perhaps her debt claim was fulfilled by a roll-over to Leift Samll. Ward acknowledged by Hudson in a judgment of June of 1671. Idem, iv, June 1671, 394

132 Essex County Probate Records (1635-1664), i, 345-346

133 Pope, Pioneers of Massachusetts, 246

27 ...Secretly Polluted fifty-seven years.134 In 1674 John Hudson & a X and 36 others Marblehead petition the Marblehead town meeting for another genl Towne meeting two days later at eight of the clock in morneing when more inhabitants may be present.135 The time and circumstance Hudson’s death remain obscure.

Jenkin Davies On 17 October 1643 Jenkin Davies is granted relief from everyday public humiliation, the tell-tale noose removed from his neck. Jenken Davies, upon his wife’s petition, hath liberty granted to leave of his roape dureing the Corts pleasure.136 In 1644 Davies publicly confesses deep contrition and remorse, successfully petitions the General Court for further relief,.and is again received into the Lynn church.137 The rehabilitated Davies remains in Lynn, hard at work at the joiner’s trade. He does however incur significant financial stress, for in 1661 he mortgages his house and land.138 By wife Sarah he begets son John and a daughter139 He passes in 1661, a successful artisan in good repute, with estate assets valued at over £184 and debts of £70, survived by his wife and children.140

134 William Belae v. Thomas Gatchell and Henry Codner. Jermiah Gachell and Thomas Gachell promised to carry themselves civilly and honestly without further trouble. Hudson testified that Beale’s wife came at one time and said that she intended to go away on some vessel on account of her husband’s abuse. Records and Files of the Quarterly Court of Essex (Ipswich Quarterly Court, Sept. 1670), iv, 282

135 New England Historical and Genealogical Register (1853), vii, 70

136 Records Massachusetts Bay , ii, 54; Lewis and Newhall, History of Lynn, 152

137 The Journal of John Winthrop, 370, n.7, citing Pope, Pioneers of Massachusetts, 132

138 Pope, Pioneers of Massachusetts, 132

139 Savage, Genealogical Dictionary of New England, ii, 18

140 Probate Records of Essex, i, 858

28 this family..

olden Girdle G

Now the affections of a man are placed in his loynes, God tries the reines; man may have many unruly affections...many distempered passions, and may have just cause to complaine of the rottennesses of his heart...yet the loynes want healing...you must therefore wade untill the loynes be girt with a golden girdle

Rev. John Cotton,“Wading in Grace,” 1641141

141 John Cotton, “Wading in Grace” The Way of Life, London, 1641, 104-105, in Miller & Johnson, The Puritans, 318

29 ...Secretly Polluted Chapter 5. Filthy Dreams Pollution Mitigation

The last night a filthy dream and to pollution escaped me in my sleep for which I desire to hang down my head with shame and bessech the Lord not to make me possess the sin of my youth and give me into the hands of my abomination.142 Michael Wiggleworth

drift from her dearly aquired Humfrey farm and alienated from her Salem meeting, Lady Deborah Moody143 pauses at devout New Haven on her way to Gravesend on A the outskirts of New Amsterdam. She abrasively challenges devout William Ames’144 dogma that baptism has come in place of circumcision and is to be administered unto infants.145 This theologic cornerstone of Puritan pragmatics, infant baptism, enables religious

142 Morgan, The Diary of Michael Wigglesworth, 1653-1657, 5. Wigglesworth’s self-loathing regarding nocturnal seminal emissions is oft remarked: The last night some filthiness in a vile dream escaped me for which I loathe myself and desire to abase myself before my God. Idem, 50.

143 In 1643 the Lady Deborah Moody, a wise and anciently religious woman, being taken with the error of denying baptism to infants, was...admonished...and removed to the Dutch...Many others, infected with anabaptism, removed thither also. She was after excommunicated. The Journal of John Winthrop, 462-463, n.79

144 Stearns, The Strenuous Puritan, 19, 83-85. Rev. William Ames died in 1633, aborting a planned emigration to the Bay. Specifying infant moral incapacition, Ames argued that faith and confession of sin were never essential to the Abrahamic communal covenant with God and ought no more to hinder baptism from infants now than it did forbid circumcision then Sommerville, The Discovery of Childhood in Puritan England, 75, n.10, 187 citing Ames, The Marrow of Sacred Divinity (London: 1642), 182-183. Circumcision not only identified God’s chosen adherents, but excised “the filth of the flesh.” Koehler, A Search for Power, 84, n.47, 103 citing contemporary Puritan poet Edward Taylor Our Vile Bodies “Med.2:10,” 98

145 Cooper, A Dangerous Woman, 90, n.18, 174, citing (among others) Armitage, History of the Baptists to 1886 (NY: 1887), 747

30 this family.. indoctrination and justifies lifelong scrutiny for religious orthodoxy.146 Although technically eligible for baptism until age 8, most church-member children are initiated before their first year, preferably on the first Sabbath post birth.147 Non-member children are recruited to church fellowship at the earliest convenience.148 Bastard children are generally denied baptism to discourage fornication.149 Baptism is typically conferred by sprinkling or dowsing, rather than watery immersion. Departures from such local practice engender fierce debate as to spiritual contamination and heresy. When Rev. Charles Chauncy at Plymouth in 1639 advocates dipping,150 he is admonished, debated, and finally dumped from that congregation.151 Partisan advocates for delayed or renewed baptism at puberty or adulthood face disturbing consequences. Upon the naked rebaptism of Goody Bowdish, Rev. Obediah Holmes is accused of blasphemy and adultery.152 Such Anabaptists suffer fines, whipping, and excommunication from Puritan territory for obdurate witness to their beliefs.153 A hedged promise of salvation commends the only other Puritan sacrament, The Lord’s Supper.154 In contrast to infant baptism, The Lord’s Supper requires the capacity to

146 Schaff, Creeds of Christendom, 472, citing Calvin’s Opera (1549), vii, 694

147 Morgan, The Puritan Family, 174; Demos, A Little Commonwealth,132

148 Children became church members without qualification upon entry of either parent into the church. Morgan, The Puritan Family, 174. But Lechford reports that church admission may be offered the child, and not the parent. Lechford, Plaine Dealing, 29

149 Baptism of children conceived prior to or during bethrothal had to be preceded by the parents’ confession of sin. Thompson, Sex in Middlesex, 1649-1699, 64. Middlesex County

150 Roger Williams conceeded the point of a New Baptisme, and the manner by Dipping as closer to the first Practice of our great Founder Christ, but still denied both scriptural authority. “Roger Williams to John Winthrop, Jr.,” Winthrop Papers, V (1645-1649), 376

151 After a controversial ministry at Scituate, Chauncy was more discrete regarding baptismal immersion by the time of appointment as President of Harvard in 1654. The Journal of John Winthrop, 322, n.53-54

152 Koehler, Search for Power, n.18, 260, citing (among others) Langdon, Pilgrim Col., 65-66, 81-82; Clark, Ill Newes from New England, 55

153 The Anabaptist law of 1644, reviling antipaedobaptists (Baptists) as incendiaries of common wealths...infectors of ...religion, and troublers of churches, punished those who willfully and obstinately continue their practice, first by correction, then by banishment. Powers, Crime and Punishment in Early Massachusetts, 135-136, n.120, 586, citing MCR, v.2, 85 (1644)

154 Morgan, The Puritan Family, 92

31 ...Secretly Polluted comprehend and commit to church doctrine.155 For this the maturing child must attain an age of sufficient understanding, typically fourteen.156 Whether Congregation member or no, all persons are required to attend Sabbath and weekly teach-ins. Hence the minister delivers sermons and homilies based upon a Bible passage to a sometimes sceptical congregation. Teachers, coequal with ministers in the local meeting, instruct through lessons, parables, and readings. Teachers implant in the credulous infant mind the catechism157 and abcedium158 Question and rote answer regarding the essentials of doctrine and faith butress repetitious assertions.159 Public and personal denigration as well as prospective eternal damnation for impure thought and deeds help undermine obstinate resistance.160 I had learn in my Catechism how doth Christ enlighten my soul first he

155 Morgan, Visible Saints, 46

156 The New-England Primer, ed. Ford, introduction, 7. In the Bay, liars over age fourteen were punishable for lyes not only sinfull (as all lyes are) but also pernicious to the Publick weal, and injurious to particular persons. Powers, Crime and Punishment in Early Massachusetts, 63, n.104, 576, citing MCR, v.2, 104-105 (1645)

157 In 1629 the Massachusetts Bay Colony ordered 2 dussen and ten catechismes, probably copies of the 1590 composition prepared by the distinguished Calvinst preacher William Perkins of St. Andrews Church, Holborn, and Christ College, Cambridge. No locally prepared official catechism was available in the first decade, but by the 1640's individual congregations responded with catechism cacaphony to a request from the General Corte. The New England Primer, ed. Ford, introduction, 19-22. John Cotton’s 1641 catechism, Milk for Babes: Drawn Out of the Breasts of both Testaments was printed at Cambridge England in 1646. A Cambridge, Massachusetts imprint was first issued in 1656, then reprinted 9 times in that century, with a Native American-Indian language translation offered in Boston in 1691. Emerson, John Cotton, 125-132 [reprinting the whole absent Bible references]; Ford, New England Primer, 90-92; 24 and 86 [title pages]; Wertenbaker, The Puritan Oligarchy, 147

158 The earliest printed combination of alphabet and catechism is attributed to Jeremiah Bastingius (1554- 1598), Catechisme of Christiane Religion, taught in scholes, printed in Edinburgh in 1591. The first Bay combined alphabet/catechism, the New England Primer, was introduced around 1688 and Sold by Benjamin Harris at the London Coffee House in Boston. The New-England Primer, ed. Ford, 18, 39. Bastingius advocated immersion over sprinkling. The sprinkling practice of Rev. John Rayner and the Plymouth congregation was challenged in 1641 by Rev. Charles Chauncy. Bastingius, An Exposition or Commentarie upon the Catechism, 138; Bradford’s History “Of Plimoth Plantation.” 457

159 Catechism-based learning with emphasis on rote memorization had little effect upon defective comprehension and high illiteracy in Protestant Europe. A History of Private Life, ed. Chartier, 119. But based upon wills attested in writing, in 1660 two-thirds of New England men and one-third of women had a measure of literacy. The rates of literacy in Massachusetts and East Anglia were also substantially higher in contrast to other colonies and rural England. Fischer, Albion’s Seed, 130-131

160 Schumacher, Human Posture: the Nature of Inquiry

32 this family.. convinceth my soul my soul it is in a wretched miserable estate...utterly accursed and notwithstanding he wounds my heart and fills it with terror because he knows not how soon this sentence shall be executed.161 Companionate tutoring progresses to individual private reading and examination.162 Children are to be seen, not heard except when parents or masters or any of the Select men...shall call them to a truyall of what they have learned in this kind.163 Sabbath and midweek lectures by congregation elders are reinforced by household, community, and government instruction on religious duty.164 Progress in faith is measured by material accumulation and benign providence, sure signs of God’s approval.165 In return, the meeting pledges a covenant of faithful transmission. If God makes a covenant, to be a God to thee and thine, then it is thy part to see to it, that thy children and servants be God’s people.166

Household Relations Obedience to parent and master defines the well ordered household. Practice not only habituates, but makes regulation the preferred state:

161 Morgan, The Diary of Michael Wigglesworth,1653-1657, 124

162 Before 1642 schools and schoolmasters in larger towns were financed by congregation and private contribution. Public oversight of education was initiated in 1642, in direct response to the Humfrey child sex scandal. The education law of 1647 later mandated schoolmaster instruction for all such children as shall resort to him to write & reade and grammar schools in plantatations of over 100 households. Although supported by tax and private contributions, school attendance was not compelled. Records Massachusetts Bay , ii, 203; Morison, The Intellectual Life of Colonial New England, 69; Fischer, Albion’s Seed, 132-133

163 Morgan, The Puritan Family, 88, citing Massachusetts Laws of 1648, 11

164 Records Massachusetts Bay , ii, 8-9. The amplified Body of Laws of 1648 specified that all masters of families do once a week (at the least) catechize their children and servants in the grounds and principle of Religion, and if any be unable to doe so much: that then at the least they may procure such children or aprentices to learn [teach] some short orthodox catechism without book, that they may be able to answer unto the questions that shall be propounded to them. Morgan, The Puritan Family, 87-88, citing Massachusetts Laws of 1648, 11

165 But if our heartes shall turne away soe that wee will not obey, but shall be seduced..we shall surely perishe out of the good Land. John Winthrop, A Modell of Christian Charity: Written On Boarde the Arrabella, On the Atlantick Ocean (1630), cited in Miller and Johnson, The Puritans, 199

166 Cotton, The Way of Life (1641), 33-34, cited in Morgan, The Puritan Family, 7

33 ...Secretly Polluted Custom will lighten the Burden and endear the Yoke.167 The household patriarch conducts Bible readings at dawn and eve. Around him are gathered wife, children, and servants for prayer, verse, and chanting of psalms.168 Absent or neglectful husbands may ignore at their peril169 or delegate household responsibilities. Moral instruction then falls to wife,170 siblings, or trusted servants. A watchful eye held over all in each familie by one or more in each famylie to bee appointed thereto, that so disorders may be prevented, and ill weeds nipt before they take too great a head.171 ` Long-standing prohibitions on casual opposite gender contact are codifed in stringent Bay regulation, boyes & girles be not suffered to converse together, so as may occasion any wanton, dishonest, or imodest behavior172 On this point alone, older sisters may assume default charge of younger female siblings, sometimes with unexpected consequence. Anne Bradstreet 173 finds two sisters engaged in

167 Foxcroft, Cleansing Our Way, 58, cited in Morgan,The Puritan Family, 94

168 Psalmody at that time was not musical, but a form of line-by-line vocal instruction from the 1640 Book of Psalms (the earliest book printed in the Bay) followed by repetitious chant from the assembled group. The multi-tonal (some say cacaphonous) product became a signifcant source of later religious contention. Daniels, Puritans at Play, 52-56; Fischer, Albion’s Seed, 123-124

169 By General Court order of 14 June 1642 all parents and masters were held accountable, upon pain of fine or removal to apprenticeship, for their children’s ability to read and understand the principles of religion & the capitall lawes Records Massachusetts Bay, ii (1642-1649), 6-7, 8-9. See also Fischer, Albion’s Seed, 132

170 As one contemporary Englishman put it, a woman in her husband’s absence, is wife and deputy-husband, which makes her double the files of her diligence. Ulrich, Good Wives, 36, n.5, 249, quoting Thomas Fuller, The Holy State and Prophane State (1642). See also Fischer, Albion’s Seed, 85; Morgan, The Puritan Family, 45

171 Records Massachussetts Bay, i, 397; Morgan, The Puritan Family, 144. With few exceptions, devolved peer and servant responsibility for tutorage is scarcely noticed in the historic record. By contrast, reference to negative influence in the context of flawed family governance is standard. Stone The Family, Sex and Marriage, 108, 115-116; Morgan, Ch. 3-5. passim. See also Pinchbeck, Children in English Society, i, 8

172 Records Massachusetts Bay, ii (1642-1649), 7

173 Anne Dudley Bradstreet (1612-1672 ) was daughter to Thomas Dudley, the 4th Earl of Lincoln’s steward and 2nd governor of the Massachusetts Bay colony. She gained early exposure to Elizabethan poets Edmund Spenser, Sir Philip Sidney, and Huguenot poet Guillaume du Bartas. In 1628 at age sixteen she married Simon Bradstreet, previously steward to the Countess of Warwick, then steward to the Earl of

34 this family.. debate: One flesh was called, who had her eye On worldly wealth and vanity; The other Spirit, who did rear Her thought unto a higher sphere174 At early age this dominance of flesh over the higher sphere precludes extended private reverie. Solitary reflection is met with admonition, private correction, and public humiliation.175 Exhortation and admonition might be accompanied by inventive physical corrections176 or the standard cane, rod or whip.177 Persistant resistance to authority is

Lincoln. Anne arrived childless in New England aboard the Arbella in 1630, later birthing eight children. Her enduring poems presumed dedication to God and family, yet provided a nuanced challenge to the patriarchical convention of feminine inferiority. Anne Bradstreet: “The Tenth Muse” passim; Round, By Nature and By Custom Cursed, “From Her, That to Yourself More Duty Owes” (ch4) 154-204; 159. See also Wertenbaker, The Puritan Oligarchy, 101

174 “The Flesh and the Spirit,” Rich, The Works of Anne Bradstreet, 215. Sister Sarah Dudley’s irregular prophecying was an enduring blow to family repute. In 1647 the General Court granted her a much questioned divorce upon expatriate husband Benjamine Keayne’s disavowal. Shortly thereafter odious Sarah was excommunicated from the Boston church for lewd, & scandalous uncleane behavior with ... an Excommunicate person. Tainted by her father with mental instability, readmitted to meeting, she was yet permitted remarriage to Richard Pacey. Sarah passed at the young age of 39 in 1649. White, Anne Bradstreet: ”The Tenth Muse” 176. For the English publication of Anne’s purloined poems, brother-in-law John Woodbridge composed and introductory mea culpa: If you shall think it will be to your shame To be in print, then I must bear the blame White, ibid., 258; Rich, ibid., 6; Round, By Nature and Custom Cursed, 192, n.97, 304.

175 Haskins, Criminal Punishment in Early Massachusetts, 30, 210. The innatentive might be tapped on the head with a thimble, or slapped with a flat ruler. ”Shame signs” might be hung around the neck or otherwise attatched to clothing, with a toxic title identifying both the accused and the misbehavior, e.g., “lying Anaias” or “Bite-Finger Baby.” Fischer, Albion’s Seed, 100

176 Mothers and dame teachers administered both psychological and physical correction to young children of either gender. Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood, n.38, 337. Restless or non-compliant children might be bound and propelled across the floor with knees tucked just beneath the chin or compelled to perch on the unipod, a one-legged stool. Other expedients: fastening a cleft stick [clothes-pin] on the nose; a ‘whispering-stick” to restrain chattering teeth; haningg by the heels; or ssitting upon sharp sticks. Caning or whipping was a usually for older children. Fischer, Albion’s Seed, 100

177 Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood 312, n. 38-40; Tucker, “The Child as Beginning and End” in deMause, 246

35 ...Secretly Polluted punished by shunning and group rejection.178 Both good and bad children are apprenticed (set-out) at an early age.179 Fostering out in the care of relatives, friends, and trusted former servants is impacted by poverty, desire for children,180 gender,181 and social status.182 Local dame schools offer outsource expedients.183 Young females are generally limited to training for wife, mother, and home manager roles. Apart from vocational and marriage opportunity, individual health and family finance and alliance may hang in the balance.184 Children of ranking households may gain advancement through special contacts,

178 Privacy pre-emption was considered necessary to stem a tide of future insubordination based upon willful self-interest. Adults of rank demonstrated one aspect of this problem: Roger Williams opposed magisterial interference with the first table of the decalogue, i.e., the first four of the ten commandments. He considered these were religious tenants distinct from moral action, arguing that men’s consciences ought in no sort to be violated, urged, or constrained. Williams, The Bloudy Tenent of Persecution for Cause of Conscience Discussed, 5. Countering Williams, Rev. John Cotton held that conscience consisted not just in belief but in practising some work which in conscience you believe to be a religious duty Cotton would punish the person of conscience resistant to reason and admonition even in fundamental and weighty points; for such a person is subverted and sinneth, being condemned of Himself, that is, of his owne Conscience. “The Answer of Mr. John Cotton,” Williams, ibid., 19-21. See also Miller and Johnson, The Puritans, 218

179 Most “sending-outs” may have occurred at the onset and during puberty, due to heightened concern with sexual compromise within the household. But many children were placed at earlier age, as Judge Sewall’s 5-year old daughter Mary, put out to learn to Read and Knit. Although consulted in some matters, children were compelled when the situtation required. Thomas, The Diary of Samuell Sewell, i ( 2 November 1696), 358. See also Fischer, Albion’s Seed, 101-102, n.11, comparing placement age of Sewell’s Massachusetts Bay children and Ralph Joselyn (East Anglia) children;

180 In Lynn, childless George and Elizabeth Taylor adopted the apprenticed son of child-rich dirt-poor farmer George Farr. Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4): 267, n.214, 301, citing 8 Essex Deeds 199. Farr, a ship carpenter, came to the Bay in 1629, was Freeman in 1635, and died in 1661. He and wife Elizabeth had four sons and four daughters. Lewis and Newhall, History of Lynn, 120

181 Boys generally apprenticed at a later age, as the provision of formal education was considered essential to their upward mobility. Morgan, The Puritan Family, 67.

182 Roughly one-third of households in early New England had one or more servants, typically young and single. Flaherty, Privacy in Colonial New England, 60; Demos, Little Commonwealth, 74-75, 74, n.50, 194. See also Fischer, Albion’s Seed, 72

183 In 1641 Woborn’s respected widow Walker conducted class in her home with minimal public compensation. Earle, Child Life in Colonial Days, 97-98

184 Demos, A Little Commonwealth, 71; Morgan, The Puritan Family, 67; Fischer, Albion’s Seed, 101

36 this family.. but sometimes with increased public accountability. Enhanced libraries and special preceptors offer access to broader teachings, including those considered dubious or heretical by religion or state.185 Likewise, all children and apprentices are both privy and party to household sin.186 But with exception for witchcraft accusations and trials,187 the rare recorded instances of elite exposure attest to the futility and danger of direct qui tam action.188 From the employer’s perspective, a stubborn, recalcitrant, and obstreperous servant can make life miserable. In 1636 Mary Dudley complains to mother Margaret Winthrop about the aflliction I have met withal by my maide servant ... growen soe insolent ... reviling speeches and filthie language shee hath vsed towards me.189 In 1639 John Wynter defends his wife for beating her maid. He derides the maid as so sluttish....fat & soggy she can hardly do any worke. Early play and leisure are generally considered morbidly consequential,190 hence a dereliction of patriarchal duty.191 The natural depravity of children is countered by endowing God, magistrates, ministers, elders, parents, and masters with awesome

185 Historian Phillip Round envisions the Countess of Lincoln’s elite woman-centered “reading formation” including Lady Susan, her sisters, and the young Anne Dudley (soon to marry Simon) Bradstreet. Round, By Nature and By Custom Cursed, 159.

186 In a case heard by Magistrate Daniel Gookin, a fifteen year old apprentice quietly slept near his married mistress while she defended against sexual attack by a persistsnt male acquaintance. Thompson, Sex in Middlesex, 75-76, ns.23-24 citing David Pulsifer, Suffulk County Court Records, 3(1671-1680):46, file 60

187 Koehler, A Search for Power, 169-175

188McManus, Law and Liberty in Early New England, 120-122. See also Flaherty, Privacy in Colonial New England, 64, passim; Godbeer, Sexual Revolution in Early America, 199

189 Hanscom, The Heart of the Puritan, 40-42

190 Reverend John Cotton advocated a more permissive early socialization: Their bodyes are too weak to labour, and their minds to study are too shallow...even the first seven years are spent in pastime and God looks not much at it. John Cotton, Practical Commentary, or An Exposition with Observations, Reasons and Uses upon the First Epistle Generall of John (London, 1656), 124, cited in Morgan, The Puritan Family, 66, n.7. In 1664 Boston’s First Church briefly excommunicated his son, John Cotton Jr., for lacivious and unclean practises with three woman and lying about it. Godbeer, Sexual Revolution in Early America, 98

191 Idleness in youth is scarcely healed without a scar in age. John Norton, Abel Being Dead yet Speaketh (London, 1658), 9, cited in Morgan, The Puritan Family, 66, n.8

37 ...Secretly Polluted authority.192 Overt expressions of familiarity and fondness are discouraged: How over familiar do too many children make themselves with their parents?... too many who carry it proudly, disdainfully and scornfully ... but what the end of such graceless children will be?193 Inculcating fear and respect due persons of rank and class194 is a master’s obligation:The child whom the father loves most dear, he does most punish tenderly in fear.195 A manifest failure of this indoctrination is childhood agression.196 The General Court code rules that any child above 16 yeares old, & of sufficient understanding who curses or smites his or her parents may be put to death. Two mitigations of punishment are allowed: (1) neglectful education by parents where ye parents have bene very unchristianly negligent in their education, and (2) whereby in self-defense children seek to avoid death or maiming by parents who so pvoked them, by extreame & cruell correction197

192 Daniels, Puritans at Play, 15

193 Thomas Cobbett, A Fruitful and Usefull Discourse Touching the Honour Due from Children to Parents and the Duty of Parents toward their Children (1656), in Pinchbeck and Hewitt, Children in English Society, 19

194 Four classes were entrenched in late 16th Century England: (1) nobilitas major (Barons), (2) Nobilitas minor (Knights, Esquires, and their heirs), (3) yeomen (farmers unto gentlemen), and capite cense (day laborers, cattle-tenders, craftsman) who have no free land,... no voice nor authority in our commonwealth, and no account is made of them, but only to be ruled Smith, Commonwealth of England, ed. 1589, Bk.I, chaps. 17-24, cited in ed. Prothero, Select Statutes and other Constitutional Documents illustrative of the Reign of Elizabeth and James I, 176-177. By 1633 new wealth accumulation by merchants encouraged the purchase of noble titles and fraudulent claims. Esquire (from latin armiger or bearer of arms) denoted the younger male heirs (and his descendents) of a Baron or Knight. Sheriffs, Justices of the Peace, physicians, and barristers generally held title during their employment and often by courtesy thereafter. The honorific Gentleman, meant to denote younger sons or brothers of esquires and their male heirs, was also adopted by those with a Master of Arts degree and many others of their own accord. Aylmer, The King’s Servants, 261-262

195 Tucker, “The Child as Beginning and End: Fifteenth and Sixteenth Century English Childhood,” in ed. deMause,The History of Childhood, 246, n.86, 256, citing JW Bartlette, HW Whiting Proverbs, Sentences, Proverbial Phrases from English Writing Mainly Before 1500 (Cambridge, Mass, 1968), dated 1525, 662

196 God orders mankind to live in Societies, first of Family, Secondly Church, Thirdly, Common-wealth. John Cotton, A Briefe Exposition with Practicall Observation upon the Whole Book of Ecclesiastes (London, 1654), 81, cited in Morgan, The Puritan Family, 18

197 Records Massachusetts Bay , ii, 179

38 this family.. In a companion law, stubborn & rebellious sons, of sufficient years & understanding, viz, 16, who persistently disobey either father or mother and live in sundry notorious crimes may also be terminated.198 Both laws require sufficient age and knowing comprehension, and parental responsibility for the inculcation of that knowledge. But there remains a positive obligation of parents and masters. They are exhorted to maximize the communal potential of their offspring, to see their Children well dispos’d of, well settled in the World.199 Right Calling, the social fruit of God given gifts is not merely a process of education and vocational facilitation; but restraint and procreative redirection of sexual energy as demanded by Calvin.200In Rev. John Cotton’s words, If thou hast no calling, tending to public good, thou art an uncleane beast.201 Restraining sexuality proves especially vexing to householders in both New and old England.202 Before 1642, non-marital heterosexual contact, including rape, may invite noxious consequence, but no death penalty.203 In the absence of available, receptive females and marriage long-delayed beyond puberty, both natural and unnatural sexual contact results. The bible-sanctioned capital crimes of adultery, bestiality and the Sodomitic Vice 204 are insufficient. A possible containment solution is found in enforcing Calvin’s energetic

198 Ibid., 179-180

199 Benjamin Wadsworth, The Well-Ordered Family” (Boston, 1712), 58, cited in Morgan, The Puritan Family, 79, n.48

200 The Protestant precept of “calling” emphasized responsibility for maximal marital procreation and social involvement. In contrast, the Catholic monastic ideal of “marriage” to God was conducive to devaluation of marriage and social withdrawal. Illick, “Anglo-American Child Rearing” in ed. deMause, The History of Childhood, 330 oppose, the licentiousness of flesh...regard his vocation. Calvin, Institutes, i, 786-790 cited in Illick, ibid., 330, n.134, 350

201 John Cotton, The Way of Life, cited in Miller, The New England Mind, 41. See also Miller and Johnson, The Puritans, 320

202 Bridenbaugh, Vexed and Troubled Englishmen 1590-1642, 90-91

203 See Appendix V

204 11th Century Catholic reformer Peter Damian exhorted the church to throw out all monks and priests who practiced the sodomitic vice engaging in “incestuous acts with their spiritual children” (i.e. habitual masturbation and homosexual contact). Jordan, Invention of Sodomy in Cristian Theology, 46-49. In 1533 in England, Henry VIII transformed the genital trangression held to be endemic within a self-monitored Catholic theocracy into a capital crime punished by the State. Stone, The Family, Sex and Marriage, 492

39 ...Secretly Polluted exegesis.205 Therein. intercourse with a child or servant of the opposite sex might be construed as sodomy and the perpetrator hanged. Similary, Calvin extends the prohibition on adultery to include fornication. According to Calvin, God commands parents to preserve their daughters by means of a pure and chaste education ... The connexion of male and female, except in marriage, is accursed.206 When family, meeting, and local governance fail to contain the upsurge in sexual disturbance, the General Court intercedes. Absent Bible sanction, they invent two new capital crimes, rape of a maiden and fornication with a child.207

205 Justification by synecdoche, where the whole concept (sodomy) embraces an act (fornication) based upon shared features (transgressive sex, denying bible authority). See note following

206 Calvin, Harmony of the Pentateuch, iii, 75, commentaries on Leviticus 19.29 and Exodus, 22.16, 83

207 Appendix V. 1642 Amendments to the Body of Liberties of 1641.

40 this family.. Chapter 6. Outside the Bond of Marriage Labor Laws of Lust

The wicked lust of the flesh, which nobody is without, is a conjugal obligation and is not reprehensible when expressed within marriage; but in all other cases outside the bond of marriage, it is a mortal sin. Martin Luther 208

n 5 May 1637 Henry Wood,209 a seaman aboard Mr. Tillet his ship,210 is arrested by the Charleston constable211 accompanied by Increase Nowell.212 Wood is O

208 Althous, The Ethics of Martin Luther, 85, n.14, citing Luther’s Works (Philadelphia, 1955) 44, 10, and 45, 251, et.al.

209 Seaman Henry Wood has not been further identified. The Journal of John Winthrop, 753, n.66. A contemporary Henry Wood was a proprietor at Plymouth in 1641, married around 1645, later at Yarmouth and Middleborough, passing before 30 September 1670. Pope, Pioneers of Massachusetts, 511; Savage, Genealogical Dictionary of New England, iv, 626.

210 John Tilley (Tylly, Tillet) in 1625 was Dorchester Company supervisor of their Cape Anne fishing operation. He was Bay freeman in 1635. Young, Chronicles of the First Planters, 23, n.2. The same year his ship Thunder was subject to seizure in a contentious debt dispute. Records Court of Assistants, ii, 43, 47, 54. In October 1636 his hands and feet were cut off by vengeful Indians when caught hunting food along the Connecticut River. He survived three days, but cried not in his torture. The Journal of John Winthrop, 192-193, n.16. Tilley’s cruel dispatch along with the murder of John Oldham and others served to ignite the war until the Peuqot people were destroyed. “Capt. Roger Clap’s Memoirs,” in Young, Chronicles, 364. Tilley’s ship must have continuied operation under his name, for Wood’s arrest for child ravishment was not until the Spring of 1637, the year following Tilley’s death.

211 Edmond Hubbard (Hubbert, Hobart) Senior was chosen Charlestown constable on 3 March 1635 to serve for this year nexte ensueing & till a newe be chosen. The next appointment recorded appears in March 1638. Records Court of Assistants, ii, 51, 73

212 Increase Nowell, Bay Magistrate and secretary, appeared in every major child sexual abuse case in the Plantation. Shortly after the 1654 Saunders-Parsons rape/abuse case Nowell was appointed to a new child- sex commission to speed new legislation which nonetheless languished. Powers, Crime and Punishment in Early Massachusetts, 267, n.43, 604, citing MCR, v.4, pt.1, 218-219. In a September 1669 capital child sex case, Oyster River (Maine) Scottish mill-worker Patrick Jeanison (Jemson, Jennison, Gymnison, Gimson) was declared guilty in Boston of abusing the body of Grace Roberts... so as he brake or peir[ced] hir body by vncleane act or actions. Grace was eight or under at the time, whereas the rape law applied only to persons aboue te[nn]. Historian Norton asserts that Grace’s complicit brother was whipped and Jeanison hung. Norton, Founding Mothers & Fathers, 352, n.51, 470, citing Records Court Assistants, iii, 199-200, and NH Ct Recs, xl, 404-413, 261. But the record does not support Jeanison’s death. The Court of Assistants found copulation, but

41 ...Secretly Polluted hastened to prison for suspicion of ravishing Anne Brakerbourne, a child of nine years of age The child said, he did lie uipon her, and did hurt her.213 In this earliest recorded (1637) Bay child-sex trial, Thomas Sheepy214 testifies that, hearing a child cry, [he] went toward the place, and saw the said Henry arise from off her. But there is no other witness; nor is there evidence for penentration or copulation.215: her mother and those who searched the child found no signs, whereby it might appear, that any act had been committed. Nevertheless Wood receives the punishment appropriate to fornication, thrown into prison, later whipped.216

lacking published law regarding capital punishment, referred the case to the General Court which recommended only some grievous punishment. In October the General Court reinstituted the death penalty for copulation with any such child vnder ten. Records Court Assistants, iii, 199-200, citing also Mass Archives, 39(365), and Records Massachusetts Bay, iv, pt.2, 437. Patrick Jeanison reappeared drunk at Saco in July 1670, and at Yarmouth Falls and Wells (Maine) in 1678. Genealogical Dictionary of Maine and New Hampshire, 318. And what of Grace? In 1677 a warrant was isssued against sixteen year-old Grace Roberts for birthing a bastard with John Muchmore (Michelmore), both servants in the household of Elizabeth Follet at Oyster River. Ibid., 446. Grace married in 1682 and was baptized in 1719 an ancient widow. She married again and was still living in 1736 at age 68. Two daughters may have been charged with bastardy, another hung for infanticide in 1739. Ibid.., 154

213 Ann Brackenbury (Brakenbury, Brakerbourne) was born about 1628, daughter of William and Anne Brackenbury, both admitted to the Charlestown church in 1632. She married mariner William Foster sometime before 1652 when both were admitted to the church, the marriage producing two children. Pope, Pioneers of Massachusetts, 65, 173; The Journal of John Winthrop, 753, n.67. The taint of disrepute was again evoked when William Brackenbury in 1653 made inquiry into the life and carriage of notorious (but devoted) Charleston adulterer Robert Burden (Burding), but could find no fault. Thompson, Sex in Middlesex, 189, n.133, 240; see also 153, 177-180

214 Thomas Sheepy (Sheepe, Shippey, Sheppy, Shippie) was at Charlestown in 1637, in 1639, and 1644 confronting the General Court distempered wth wine. Records Court of Assistants, ii, 88, 139. From 1658- 1668 out of wife Grace he fathered four children. Savage, Genealogical Dictionary, iv, 87.

215 Evidence gained from body inspection was a crucial element in the proof of abuse, penetration, and rape; especially in the absence of two witnesses

216 The Journal of John Winthrop, 753

42 this family.. In John Kempe’s217 intergenerational peccadillo in Boston in 1639 John Kempe for filthy vncleane attemps wth 3 yong girles was censured to bee whiped both heare, at Roxberry & at Salem very severely & was Comitted for a slave to Leift Davenport.218 In yet another Boston trial in 1640, John Pope, for his unchaste attempt upon a girle, & dalliance with maydes, & rebellios or stubborne carriage against his master, was censured to bee severly whiped.219 The term girle suggests a prepubertal condition, while maydes is somewhat ambiguous with respect to sexual maturation. In 1640 Joel Jenkins is remanded to trial for impregnating his master's daughter.220 In harmonious accord with Mosaic law which prescribes marriage and damages, Jenkins marries the girl and is discharged upon his repentance.221

217 John Kempe was initially servant to blacksmith Isaac Morrell (Morrill) (1558-1661) from Hatfield Broadoak, Essex England. Morrell arrived with family in 1632 to settle in Roxbury, becoming freeman the next year. Banks, Planters of the Commonwealth 100; Pope, Pioneers of Massachusetts, 319. In the year of Kempe’s apprehension (1639), Morrell petitioned the General Court to do something about the high price of chaldron coals. Lechford’s Manuscript Note-Book, 183-184, n.2; After Kempe’s forced servitude with Lt. Davenport, payment for his keep was authorized to James Davies (April 1642) prior to assignment of the Constable of Roxbury (July 1642) for Kempe’s maintenance & cure. The next year Mr Oliver (June 1643) was similarly reimbursed. Noble, Records Court Assistants, ii, 119, 125, 130. Seaman James Davies (Davis) was admitted to the Boston church in 1634, made freeman the year following. Mr. Thomas Oliver (not the same-named of Salem) was an influential church Elder and Boston town officer. Pope, Pioneers of Massachusetts, 132, 335

218 Records Court of Assistants, ii , 86 (1639). Of the several authorities on early New England sexual misconduct, only historian Powers mentions this precedent-setting case. Powers, Crime and Punishment in Early Massachusetts, 174, n.62, 591. Lt. Richard Davenport had previously served on the Salem jury with Jenkin Davies. Quarterly Courts of Essex (October 1637), 7

219 Powers, Crime and Punishment in Early Massachusetts, 174, n. 64, 592, citing MCR, v.1, 287 (1640)

220 No record of the name or age of the master’s daughter is given. Haskins, Law and Authority in Early Massachusetts, 208, n.83, 284, citing Court of Assistants, ii, 95, 99; Winthrop Papers, iv, 268. A pre- marital pregancy and less than full-term birth of child after wedding, constituted prima facie evidence of fornication. Pope, Pioneers of Massachusetts, 257. Marriage and repentance rectified the sin-crime, settling the issue of rightful parentage and assigning legal and economic responsibility for an otherwise ill- conceived bastard placed on public charge. Sanborn, Lost Babes, ix-x (intro)

221 Haskins, Law and Authority in Early Massachusetts, 208. Joel Jenkins of Braintree, before the General Court in 1640, was freeman as of 6 May 1646, later moving to Malden. Jenkins had five children, including daughter Lydia in 1640, before his death in 1687. His wife is unnamed. Pope, Pioneers of Massachusetts,257. Perhaps the same Joell Jenkins appeared as plaintiff in a losing appeal against Isaac Waldron in a 1667; and is referenced again in Waldron’s defamation of Magistrate Simon Bradstreet.

43 ...Secretly Polluted In 1641 Apprentice Jonathan Thing, a boy of about 17, is charged with ravishing a child under 7, Mary Greenfield of Hampton, New Hampshire.222 The crime is punished by a fine of £20 payable within three years to Mary’s father, and severe whippings in both Hampton and Ipswich.223 Winthrop, arguing for capital punishment in sex with a child so young, compares the crime to sodomy: as there can be no possibility of generation...it should be death for a man to have carnal copulation with a girl so young.224 The prosecution in Commonweal v. Fairfield, Davies, and Hudson must locate the case within existing categories and precedents. It reasons that applicable capital crimes include adultery, adulterous rape, sodomy, and bestiality,225 as well as the Sin of Presumption, a crime of knowing religious descretion.226 Relevant non-capital sex crimes include fornication, abuse, dalliance,227 and conjoint masturbation.228

Records Court Assistants Masssachusetts Bay (1673-1692), i, 78, 88-89

222 The Journal of John Winthrop, 373. Winthrop earlier puts Greenfield’s age as 7 or 8 years old. Idem, 361. Although Winthrop has Thing about 17, the latter’s deposition in 1667 at about age forty-six, suggests he was closer to twenty-one at trial time in 1641. Pope, Pioneers of Massachusetts, 450

223 Records of the Court of Assistants ii, 106

224 The Journal of John Winthrop, 361. See also Records Massachusetts Bay i, 317.

225 Fairfield and Davies were married, but adultery implied any male intercourse with a married woman. The Journal of John Winthrop, 374; Records Massachusetts Bay , ii, 12-13

226 The appropriate label for this sin-crime is problematic. Powers fastidiously cites terms from original sources. Powers, Crime and Punishment in Early Massachusetts, 265-266. Haskins cautiously describes the case as one of “sexual relations” and “sexual misconduct.” Haskins, Law and Authority in Early Massachusetts, 150; 267, n.121. Chapin terms it sexual “molesting” and “intercourse,” finally settling on “fornication.” Chapin, Criminal Justice in Colonial America, 1606-1660, 51, 72, 177. Flaherty refers to the “rape case” and the “sexually molested” Humfrey children. Flaherty, Privacy in Colonial New England, 221, 233. Consistent with Winthrop’s own description Norton (1996) categorizes the Humfrey affair as one of “sexual abuse.” Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 107-108, 348, 350, 493; The Journal of John Winthrop, 370. Godbeer carefully noting the historic charge is one of sexual “use” in the context of sodomy and rape, designates the case “sexual molestation.” Godbeer, Sexual Revolution in Early America, 107

227 In 1643 in New Haven, Martha Malbon, the daughter of prominent Magistrate Richard Malbon, was publicly whipped for yielding to filthy dalliance with lewd servant Will Harding. Two other young girles who had also partaken in uncleane filthy dalliances were similarly punished. The Journal of John Winthrop, 425; Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 129

228 Mutual masturbation as sodomy could be a death penalty crime. See Daniel Fairfield of Easthampton in Expurgations, Chap. 17. Daniel in Lyon’s Den

44 this family..

! Adultery The first recorded Bay adultery attempt in 1630 charges Mr. Clearke for cohabitating with Mrs. Freeman concerneing whome there is stronge suspicion of incontinency. The Court forbids their continued association, under paine of such company punishmt as the Court shall thinke meete to inflict.229 The next year 1631 finds a yonge fellow, servant John Dawes intiseing an Indian woman to lye with him. She and her husband press charges. Confronted by the question whether Indian women should be included in the adultery prohibition and whether the crime is capital, the Assistants order Dawes a thorough whipping.230 Three weeks later on 18 October 1631 the Court orders death to future adulterers: if any man shall have carnall copulacon with another mans wife be she Englishe or Indian they 5both5 shalbe punished by death.231 In September 1633 disreputable slave trader Captain John Stone is apprehended on suspicion of being vpon the bedd in the night with one Barcroftes wife...& thoughe it appeared he was in drinke, & no acte to be proved yet it was thought fitt he should abide his tryall. But absent confession or witness, the Court of Assistants finds ignoramus, i.e., ignores the adultery indictment. Defendant’s partner in sin, Jane Barcrofte, is bonde to her good behavior. Stone is fined 100£ (later remitted) and banished for his arrogance, slanderous speech and nasty disrespect, vpon paine of deathe to come heere no more.232

229 Records Court Assistants, ii, 8. See also Morgan, “Purtans and Sex,” The New England Quarterly, Dec. 1942, 15(4): 605. William Clarke (Clark, Clearke, Clerke) and Mrs. Apphia Freeman came over with Winthrop’s fleet of 1630. Banks, Planters of the Commonwealth, 69, 73. The successful vinter Clarke kept a roadhouse between Lynn and Ipswich and was early cited for fraudulent dealing with John Baker. Clarke in 1645 was one of four men (including John Hudson) named in the 1645 Marie Chandler fornication scandal. Records Court Assistants, ii, 4, 31; Pope, Pioneers of Massachusetts, 103

230 Records Court Assistants, ii, 19. Winthrop terms Dawes’ crime solicitinge an indian Sqa to incontinencye. The Journal of John Winthrop, 56, n.35. See also Powers, Crime and Punishment in Early Massachusetts, 262, n.22, 604 citing MCR, 1, 91 (1631).

231 Records Court Assistants, ii, 19

232 The Journal of John Winthrop, 97-98. The dissolute Stone’s murder provoked the Bay genocide of the Pequot Indians: Stone the person for whom this war was begun. Idem, 108, n.46; 133-134, n.51; 213

45 ...Secretly Polluted Marblehead’s unhappiliy married and subsequently impregnated Margaret Seale233 is charged in the June 1637 adultery co-indictment of John Hathaway234 and Robert Allen.235

233 Records Court Assistants, ii, 66. Margaret Seale’s (Sale, Saile, Searle) husband Edward for his beastly drunkennes was set in the bilboes for the duration of the June 1637 Court, then to bee severely whiped. It was perhaps his sister Phoebe (Phebe) Seale whose Court ordered placement proved such a burden to Boston merchant John Coggeshall. Records Court Assistants, ii, 67. Phoebe arrived in 1630, while Edward Seale came aboard the Elizabeth & Anne in 1635 at age 24, made freeman in 1637, at Rehoboth in 1644. Banks, Planters of the Commonwealth, 81, 155; Savage, Genealogical Dictionary of New England, iv, 5. In 1637 servant Richard Serle (Seale?) was whipped for insolent speech and violent hands directed ed at his master. The Journal of John Winthrop, 754

234 John Hathaway was 20 at trial time, having arrived two years earlier in the Blessing. A decade later he could be found at Tauton where he was charged with lending a gun to an Indian. By 1656 he was at Barnstable, later Yarmouth, having married twice with six children surviving his death in 1696. Pope, Pioneers of Massachusetts, 219

235 Robert Allen in 1633 was fined 5s for failure to witness against two men found guilty of Sabbath drunkedness at Marblehead. In March 1642 Allen with several others was whipped for concealing (1) Peter Thatcher’s plot of Piracy. Records Court Assistants, ii, 33, 118. Perhaps the same Robert Allen was inhabitant of Salem in 1636, in 1639 granted 25 acres at Jeffrey’s Creek (Manchester), admitted to church fellowship in 1642, and later moved to Norwich and New London. Perley, History of Salem, i, 365, n.2; ii, 13. See also Pope, Pioneers of Massachusetts, 15, 37. Others privy to Thatcher’s Plott included (2) Matthew Collaine, amd servants (3) Thomas Briant (Bryant) and (4) Marmaduke Barton. Records Court Assistants, ii, 118. (1) Of Peter Thatcher (Thacher, Thachar) little is known. In 1635 Issac Allerton’s pinnace with sails old and split conveying Rev. John Avery from Ipswich to Marblehead shattered in a gale upon the rocks off Cape Ann. Of twenty-three souls only Avery’s cousin Anthony Thatcher and wife survived. The Thatchers lost 4 children, one named Peter. The couple settled in Marblehead until 1639 after which they removed to Yarmouth. “Anthony Thatcher to [brother] Peter Thatcher [in Old England],” in Mather, Remarkable Providences, 2-10; Emerson, Letters from New England, 169-174; The Journal of John Winthrop, 152- 153, n.30; Perley, History of Salem, i, 297-298, n.3. Pope, Pioneers of Massachusetts, 16, 76. (2) Mathew Collaine (Collane) died on 25 December 1650 on the Isle of Shoals, the administration of his estate passing to Teague Mahonas (Mahoon, Omohoine, Mathew, etc.) at Kittery. Savage, Genealogical Dicqtionary of New England, I, 432; iii, 224. Teague was ten in 1640 when his father, Dearman (Dermondt) Mathew (Matthew), an ignorant illittered man, sued master George Strange geni. for unpaid wages and for failing to educate and then reselling his indentured son. Lechford’s Manuscript Note-Book, 251. Pope, Pioneers of Massachuseetts, 298, 438. In 1642 his father was granted authority with Mr. Walton and Adam Ottley to subpoena witnesses in a wage dispute with Farmer Dexter. Records and files of the Quarterly Court of Essex (Dec. 1642), i, 47. [see text and note below]. Not until late 1643 did the Salem Court order that Teague shall bee taught to read the English tongue under contract to and bond by Joseph Armitage.Idem (Dec. 1643), 57 (3)Thomas Briant (Bryant, Bryan) in 1632 was servant to Samuel Eedy (Eddy) when appearing before the Plymouth General Court. By 1642 he was in service to master Isaac Allerton. Pope, Pioneers of Massachusetts, 76, 151. Perhaps the same fisherman Thomas with partners held land at Cape Popoise, Maine, before 1666. Davis, Geneological Dictionary of New England, citing York Deeds, ii, 146 Allerton had in 1635 been warned out of Marblehead by the General Court, but nevertheless continued as partner-

46 this family.. leading to confessions by Allen and Seale and a guilty verdict.236 Lacking General Court ratification and publication of the Assistants 1631 capital punishment order,237 the offenders in March 1638 are whiped, & banished, never to returne againe, upon pain of deathe.238 A pregnant Margaret’s punishment is stayed until after her delivery.239 Despite the non- capital sentence, the death penalty for adultery is affirmed in dicta accompanying the judgment.240 Tried before the Bay Court of Assistants in June 1638, Weymouth’s Katherine Cornish, wife to Richard Cornish, is found suspious of incontinency, and seriously

agent for a fleet of ships engaged in coastal trade. He returned to Marblehead around 1639, removing to New Haven after 1643. Perley, History of Salem, i, 232-233, 297; Phillips, Salem in the Seventeenth Century, 109-110. [see extensive Allerton note below] (4) Marmaduke Barton was whipped for his participation in the 1642 piracy concealment. He was previously a servant to Sir Francis Weston. For incorrigible truancy Barton was eventually commited to indefinite slavery. Records Court Assistants, ii, 118; Records Massachusetts Bay , ii, 21. See also Perley, History of Salem, ii, 30; and Pope, Pioneers of Massachusetts, 487-488. In March 1638 Francis Weston’s wife had been censured and set in the bilboes at Boston and Salem. Records Court Assistants, ii, 75. Banished later that year, Weston removed to Samuel Gorton’s plantatation at Shawomet (Warwick, later in Rhode Island). In 1643 the Bay, disputing Gorton’s purchase of Indian lands, under auspices of the newly constituted United Colonies (Massachusetss, Plymouth, and Connecticut) kidnapped Weston, Samuel Gorton, Randall Holden and at least 5 other Gortonites from Shawomet. They were dragged to Boston to face trial for publishing (and uttering) blasphemos or abominable heresies, upon conviction by jury to be condemned to death and executed. Three Magistrates and most of the Deputies dissented. Although sentenced to indeterminate confinement, a wave of sympathetic “heretical” conversions, especially the women, led to their expulsion from the Bay. Records Massachusetts Bay., ii, 52; The Journal of John Winthrop, 481-488. See also Gura, A Glimpse of Sion.s Glory, 226-227. In 1648 Rufus Barton (related to Marmaduke?), sought to reconcile Gorton’s plantation difficulties with the Bay. The Journal of John Winthrop, 707-708

236 Records Court Assistants, ii, 66, 70; Chapin, Criminal Justice in Colonial America, 1606-1660, 72, n.37, citing Mass Col Rec 1:198, 202-3, 225

237 The Journal of John Winthrop, 249

238 Records Massachusetts Bay, I, 225; Powers, Crime and Punishment in Early Massachusetts, 262, n.25. Seale, Hathaway, and Allen were kept long in prison from June 1637 until March 1638, while an advisory opinion was sought from the elders concerning the law of adultery. The court was then informed that if the law had been sufficiently published, they ought to be put to death. Whereupon the court ... thought it safest, that these three persons should be whipped and banished; and the law was confirmed and published. The Journal of John Winthrop, 249, n.2, citing RCA, 2:19, 66, 70

239 The Journal of John Winthrop, 736, n.80

240 The Journal of John Winthrop, 502, n.4, citing Mass Records, I, 92, 224, 301

47 ...Secretly Polluted admonished to take heed.241 Then in September the highly-valued but religiously suspect professional soldier Captain John Underhill242 is examined on suspicion of incontinency, an unclean person, charged by a godly young woman to have solicited her chastity under pretence of Christian love, and to have confessed to her, that he had his will oftentimes of the cooper’s wife, and all out of strength of love. Underhill is banished to Pascataqua, New Hampshire, where he is chosen governor. In March 1639 the Bay demands he appear on the adultery charge. Underhill temporizes for a full year with confession mixed with excuses and extenuations, finally meeting with Boston church excommunication. He returns to the Bay in September 1640 with weeping eyes. In consideration of defects in the law a new adultery statute is passed. Underhill is neither pardoned nor restored to freeman status, but released from excommunication and banishment. Despite this accomodation by church and court, he is bound upon Governor Bellingham’s warrant and retried at the next General Court September 1641. Upon proclamation noe witnesses coming in, he is acquitted.243 In 1640, shortly before Underhill’s excommunication, a disreputable and too-often drunken Boston cooper James Mattock, is barred from church fellowship for scandelous letters to Mrs.Whittacker in England, compounded by denial of sex to his very own wife.

241 Records Court Assistants, ii, 47, 74, 79 By 1644 Katherine Cornish and husband Richard had removed from Weymouth (Wessagusset) to Agamenticus (Accomenticus, York) Maine. In September Richard’s body was recovered from the river, his head bruised & a pole stickinge in his side, & his Canoe laden with Claye fonde sunke wife Katherine, a leud woman, under suspition of adultery with Thomas Footman, was condemned for the premeditated murder of her husband. She denied the charge but confessed to an array of adulteries embracing among others Indian trader Edward Johnson and the mayor of Agamenticus, Roger Gard. Gard conducted the inquest which also interrogated the 23 year-old son of minister Joseph Hull. Based upon a corpse which bledd abundantly upon her approach (and that of Footman), and her adulterous disrepute and implicative confessions, she was hung straightaway. The Journal of John Winthrop, 563-564, n.35-39. See also Powers, Crime and Punishment in Early Massachusetts, 288, n.99, 606; Chapin, Criminal Justice in Colonial America, 1606-1660, 45, 113, 177

242 The Journal of John Winthrop, 51, n.6. Underhill’s difficulties commenced in 1637 when he supported Anne Hutchinson, for which he lost his vote and public office. One year later he was banished for first criticizing the government for being overly zealous, then for a false retraction, the whole amounting to seditious practice. Idem, 241, n.73, 262-264, 269-270.

243Records Court Assistants, ii, 108; The Journal of John Winthrop, 284-286, 318-321, 334-336, 364-365, n.90. Compare Winthrop’s statement that Underhill was acquitted by proclamation. Idem, 365

48 this family.. Repenting, he is restored to communion.244 In a 1641 celebrity case, Thomas Owen245 and Sara Hales are imprisoned on notorious suspicion of adultery.246 On judgment Owen is sent to the gallos wth a roape about his neck for a one hour reflection on his narrow escape from capital punishment. He is also fined £20, to be paid within a weeke or to bee severely wiped. For her miscarriage Sara Hales is likewise sentenced to the nuchal cord, fined £13a, in the absence of payment to be wiped & banished.247 Not until March 1644 does Massachusetts ajudicate death for adultery. Convicted are Weymouth’s thirty-five year-old James Britton248 and Marshfield’s eighteen year-old Mary Latham.249 The adultery stands upon a law formerly made and published in print and encompasses Britton’s defamatory speech and Mary’s scold-cuckold match with husband William Latham, an ancient man who had neither honesty nor ability.250 Unable

244 While still in England the married English cooper James Mattock spent 10 days in gaol for failed child support and cavorting with sundry barmaids as well as Mrs. Whittacker. Oberholzer, Delinquent Saints, 143, n.101, 303, citing Boston First Ch. Recs., iii, 12, 18; Morgan The Puritan and Sex, 593

245 The well-connectedBoston merchant Thomas Owen was much involved in the garment and tobacco trade from 1639-1648. Aspinwall Notarial Records, 165-169. Savage, Genealogical Dictionary of New England, iii, 326; Pope, Pioneers of Massachusetts, 376

246 The Journal of John Winthrop, 377

247 Records Court of Assistants, ii, 108-109; Records Massachusetts Bay, i, 335; The Journal of John Winthrop, 377, n.27. See also Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 342, n.66, 408

248 James Britton (Brittane) settled initially in Weymouth, where he supported dissident minister Robert Lenthall, later the schoolmaster at Newport, Rhode Island. Winthrop describes an early pious Britton, a professor in England, but coming hither he opposed our church govenrment, etc., and grew dissolute, losing both power and profession of godliness. In 1639 Britton was whipped for disputing the church covenant, because he had no estate to answer., i.e., [no means to pay a fine. The General Court subsequently acknowledged the wrong done him, and he removed to Woburn in 1640. The Journal of John Winthrop, 500, 502; 282; Records Massachusetts Bay, i, 54; Savage, Genealogical Dictionary, i, 257; Pope, Pioneers of Massachusetts, 70

249 Duxbury’s Mary Latham was described at her marriage (after a failed love affair), as a proper young woman about 18 years of age, whose father was a godly man and had brought her up well. At the request of their northern neighbor, Plymouth’s Gov. Edward Winslow remandeded her into Bay custody on 2 February 1644. The Journal of John Winthrop, 500, n.1, citing Winthrop Papers, iv, 445-446

250 But in 1644 William Latham could hardly have been more than thirty-five, for at the age of eleven he arrived in 1620 aboard the Mayflower at Plymouth. Eighteen in 1627, he shared in the division of cattle and was on the tax rolls in 1632. He was at Duxbury from 1637-1639 and Marshfield in 1643 and 1648. Boyer, Ship Passenger Lists, 134; Banks, Planters of the Commonwealth 47; The Journal of John

49 ...Secretly Polluted to endure his advances Mary does frequently abuse him setting a knife to his breast and threatening to kill him, calling him old rogue and cuckold, and said she would make him wear horns as big as a bull Struck with deadly palsy and fearful horror of conscience, Britton confesses to sexual attempts with Mary and the like with other women, denies penetration, and pleads exculpation induced by strong drink. Initially Mary concurs, claiming he did attempt the fact, but did not commit it. A solitary witness testifies that after a day of humilation, during the all-night brawl, Latham solicited Britton and others. The witness claims to see Britton and Latham on the ground together, a little from the house. But some of the magistrates are sceptical, finding the evidence not sufficient against her, because there were not two direct witnesses Notwithstanding the magistrates’ doubts, the jury cast her, and then she confessed the fact, and accused twelve others, whereof two were married men. Seven men flee, but 5 are jailed, then released when no witnesses appear. Latham repents, but Britton appeals the jury’s verdict. Some Magistrates question whether adultery was death by God’s law now, but the General Court denies Britton’s petition.251 On the scaffold, Mary exhorts all young maids to be obedient to their parents, and to take heed of evil company. Both then hang.252 The Britton-Latham trial stands as the solitary adultery death penalty imposed in the Massachusetts Bay in the Seventeenth Century.253

Winthrop, 501; Savage, Genealogical Dictionary of New England, iii, 58-59; Pope, Pioneers of Massachusetts, 279. Latham, after more then 20. years stay in the country, went to England, and from thence to the Bahamy Ilands in ye West Indies, and ther, with some others, was starved for want of food. Bradford’s History “Of Plimoth Plantation.” 531, 534.

251 The magistrates who questioned the death penalty are unnamed, but it is likely that Bellingham was among them. The Journal of John Winthrop, 502, n.4

252 The Journal of John Winthrop, 500-502, n. 99, n.1-4

253 The Journal of John Winthrop, 500-502; Winthrop Papers, iv, 445-446; Powers, Crime and Punishment in Early Massachusetts, 291; Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 342, n.67, 268, citing Ct Assts Recs, ii, 139, Winthrop Papers, and Hubbard’s History New England in MHS Colls, 2s(vi), 426-427

50 this family.. ! The Monstrous Vices: Sodomy and Bestiality The madness of lust has, however, invented several monstrous vices, whose names it would be better to bury, if God had not chosen that these shameful monuments should exist, to inspire us with fear and horror. Calvin (ca. 1541) 254 Sodomy The vice of sodomy tends to the frustration of the Ordinance of marriage & the hindringe the generation of mankind.255 On the good ship Talbot bound for Salem in 1629, the Rev. Francis Higginson encounters a mounting problem: 5 beastly Sodomiticall boys, which confessed their wickedness not to be named.256 Open ocean jurisdiction appears uncertain. More likely an adolescent death-penalty case is too hot to handle for a Puritan enclave barely established with questionable governing authority.257 The fact was so fowle wee reserved them to bee punished by the governor when he came to new England, who afterward sent them back to the company to bee punished in ould England, as the crime deserved.258

254 Calvin, Harmony of the Pentateuch, iii, 73

255 The Journal of John Winthrop, 629

256 Powers, Crime and Punishment in Early Massachusetts, 43, n.39, 572; “Francis Higginson to His Friends in England,” 24 July 1629, in Emerson, Letters from New England, 20-21

257 At that time anyone over fourteen could be hanged for the offense of sodomy in England. Powers, Crime and Punishment in Early Massachusetts, 43

258 On 19 September 1629 the secretary of the Bay Company in London acknowledged the return of the 5 boyes upon the Talbutt (Talbot). It was decided that they should punished either by prcuring Mr. Recorder his Warrant, by complaining to the Judge of the Admiraltie, or otherwise. Ten days later the company disgnates Mr. Whetcombe [Simon Whticombe] & Mr. Noell [Increase Nowell] to acquaint Sr. He[n] Martyn with their misdemeanort, & to advise what puni[sh]m may bee inflicted vpon them, and how the Comp. May bee legally discharged of them. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 51, 55-56. Sir Heny Marten (1562-1641) was judge of the Admiralty Court, High Commission, Court of Arches (the chief court and consistory of the archbishop of Canterbury), and the Prerogative Court in Canterbury. In 1630 Marten appealed to the King against writs which diminished his administrative authority at Admiralty. Concise Dictionary of National Biography, 846; Aylmer, The King’s Servants, 353, 363. The final disposition of the sodomy charges has not been uncovered.

51 ...Secretly Polluted In 1635 the governor at Pascataqa unsuccessfully petitions for trial in the Bay for two unnamed males who had Committed Sodomye withe eache other.259 And without comment, in 1641 John Mussell,260 for attempting to abuse a boy was censured to be whiped.261 With the problematic exception of Thomas Morton,262 few other sodomy cases elicit formal charges except at Plymouth.263 No death penalty for sodomy in New England

259 The Journal of John Winthrop, 141

260 Eleven year old John Mussell (Mussells, Mousall, Mowsall, Moushole, Masell) was likely the son of Ralph Mousall, deacon of the Charletown congregation, dismissed from the Deputies in 1638 for his vocal support of antinomian Rev. John Wheelwright. Gura, A Glimpse of Sion’s Glory, 68; Thompson, Sex in Middlesex, 175-176, n.51; Winsor, The Memorial History of Boston, i, 395; Savage, Genealogical Dictionary of New England, iii, 250

261 “Jno Mussells cens.” Records Massachusetts Bay, i, 343. John Mussell’s 1641 case makes an early Puritan sodomy short list in the absence of details. Riesenfeld, “Law-Making and Legislative Precedent in American Legal History,” Minnesota Law Review, January 1949, 33(2):117, n.71. Godbeer misidentifies him as “William” Mussell. Godbeer, “The Cry of Sodom,” William & Mary Quarterly, April 1995, 3rd s., 52(2):259-286, 285. In 1663 when Charlestown’s Thomas Tirrell was accused of courting the Mousall’s maid without permission, Tirrell’s friend John Fosdick (Fosket) claimed that John Mousall had the devil in him, for he stood by his bedside and mead his cock stand flesh to rise to the maydes & also bid him go.show his cock members to good man Bullyard Thompson, Sex in Middlesex, 175, n.54, citing Pulsifer:286, 291, file 34. See Demos, Entertaining Satan, 246, n.6, 473, citing [same] Middlesex Court Files, folder 34, paper 2300

262 Bradford wrote that after Thomas Morton engineered the Mt. Wollaston servant rebellion, they fell into great licaentiousness, and led a dissolute life, powering out hem selves into all profanenes..yee beas[t]ly practices of y said Bacchinalians Bradford’s History “Of Plimoth Plantation.” 285 Despite the slandersous depictions and Morton’s enduring persecution by the Bay colony over 15 years, no witness to homosexuality or sodomy ever came forward, nor was such a charge officially levied. See Dempsey, New Engllish Canaan by Thomas Morton of Merrymount” passim. Nathaniel Hawthorne secured Morton enduring fame in “The May-Pole of Merry Mount;” but it fell to Henry Wadsworth Longfellow in Tales of a Wayside Inn to denominate Morton as a sodomite, some 230 years after his initial incarceration and banishment from New England. Chehardy, “Wickedness Breaks Forth: The Crime of Sodomy in Colonial New England,” The Student Historical Journal, 1999-2000, 31:1-13; 4, n.29, citing McWilliams, “Fictions of Merry Mount,” American Quarterly, Spring 1977, 29(1):13-17

263 In 1636 Plymouth, which had just adopted a sodomy death penalty, found John Allexander and servant Thomas Roberts guilty of notorious lude behavior and unclean practice, by often spending their sede one upon another. Both men were whipped, Alexander branded in the shoulder and banished. Chapin Criminal Justicce in Colonial America, 1606-1660, 127-128, n.64, 171, citing Plymouth Records, I, 64; 163; Oakes, “Things Fearful to Name,”Jounral of Social History, Winter 1978, 12(2):268-281, 270, n.13, 279, citing same.

52 this family.. precedes that of New Haven’s William Plaine in 1646.264 And in the Masssachusetts jurisdiction no death penalty for sodomy is ever pronounced.265

Bestiality Bestiality, also known as buggery,266 stands at the punitive apex of unnatural sin- crimes. With its portent of cross-species generation, a lurking cloven-hoofed Satan is evoked.267 There can be no redemptive justice, for Whosoever lieth with a beast shall surely be put to death.268 In the period embracing the Humfrey child abuse case in 1641-1642, three young unmarried male servants are executed for bestiality in New England, one in the Massachusetts jurisdiction.269

264 After consultation with Bay elders in 1646, servant William Plaine of Guilford was executed at New Haven, having previously comitted Sodomy with 2: persons in England while married; questioninge whither there were a God; and corrupting a great part of the youth of Guilford by masturbation provoking others above a hundred times, thereby frusrating of the Ordinance of marriage & the hindringe the generation of mankind The Journal of John Winthrop, 629; Thompson, Sex in Middlesex, 1649-1699, 73-74; Oaks, “Things Fearful to Name,” Journal of Social History, 273. And the leud, prophane, filthy corrupting, incorridgable bisexual John Knight was hung in 1655 in New Haven for sodomizing his master William Judson’s 14 year old servant, Peter Vincon. Knight had previously stood in the gallows with a noosed rope slung round his neck, for his fornications with young maids. Norton, Founding Mothers and Fathers, 54-55, n.49, 422; 471, n.101, citing NHCP Recs, ii, 137-139 and New Haven Colonial Records, I-B, ff 89-91, CSL. Chapin, Criminal Justice in Colonial America, 127 [Chapin mistakes Vincon for master Judson’s son, rather than servant]

265 Thompson, Sex in Middlesex, 1649-1699, 73-74

266 Buggery denoted either penis-anus copulation or bestiality. Cotton’s capital code of unnatural filthiness included sodomy, both man-man and woman-woman; and buggery, carnal fellowship of man or woman with beasts or fowles. Cotton, An Abstract of the Laws of New England, Ch.VII, No.20. His death-penalty provision including lesbians was promulgated in New Haven but not in the Bay. [see note supra]

267 Credulity regarding cross-species fertilization anchored the demonization of Antinomian and rank familist Mary Dyer who delivered a stillborn monster with horns and claws, revealed at Portsmouth Rhode Island in 1638. Dyer was executed a Quaker in 1660. The Journal of John Winthrop, 253-254, n.24

268 Exodus 22.19

269 Thompson, Sex in Middlesex, 1649-1699, 73-74. HistorianThompson counts only two persons executed in seventeenth-century Massachusetts for bestiality, none for sodomy. Thompson, Sex in Middlesex, 1649- 1699, 74. He appears to have overlooked the case of Benjamin Goad. Although in Suffolk (Boston, etc.) rather than Middlesex County (Cambridge, Watertown, etc.), Benjamin Goad (Good) of Roxbury in February 1674 did commit the vnnatural & horrid act of Beastiallitie on a mare in the highway or field. Despite his plea of “not guilty” and an absence of two witnesses, Goad was found Capitolly Guilty by the

53 ...Secretly Polluted In December 1641 William Hatchet, a Salem servant about 18 or 20 years of age, was found in buggery with a cow, upon the Lord’s day. Hackett confesses the attempt and some entrance, but denied the completing of the fact. Although there is but one witness; the court nonetheless sentences him to die by hanging. When Governor Bellingham balks at imposing the death sentence, deputy-governor John Endecott pronounces it in his stead. When the cow is brought forth and slain before him; Hackett confesses all his sins. Thus the Lord hath received his soul to his mercy.270 A similar case, but with a greater variety of domestic animals, is prosecuted in the Plymouth colony the same year. Thomas Granger, sixteen or seventeen, a servant at Duxbury is this year detected of buggery (and indicted for ye same), with a mare, a cowe, two goats, five sheep, 2. calves, and a turkey. After initial denial, Granger acknowledges multiple cattle fuckings, is cast by ye jury, and executed on 8 September 1642.271 The Plymouth General Court, castigating the bestial habits of old England and fearful of further infection, pronounces the ultimate penalty

Court of Assistants and sentenced to hang. Not only Goad, but the mare yow abused before your execution in yore sight shall be knockt on y head. Records Court Assistants, i, 10-11. Following his sentence Goad petitioned the Court for liberty to Goe to meeting. Idem, 14 Permission granted, he was excommunicated in order to cut off this rotten and putrid Member, that he might prevent spreading the Infection. Some have mistakenly inferred from this rhetorical flourish that Goad was castrated. Rather he was executed on 2 April 1674. Oberholzer, Delinquent Saints, 149-150, n.128, 307 citing Roxbury Records., i, 212; and n.129, 307 citing Danforth, Cry of Sodom Enquired Into (Cambridge, 1674), 13-15, 25. From 1640 to 1670 New England, Chesapeake, Maryland, and Virginia (combined) prosecuted twenty men for bestiality or homosexuality (sodomy); and out of 13 known outcomes; five terminated in the death penalty. Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 409, 356, n.104, 471

270 Winthrop’s Journal, 374-376, n.20, 374 citing Mass. Records 1:344. Several other bestiality indictments were made in the same century, namely John Barret (Chelmsford, 1674) and John Lawrence (Cambridge, 1679). Lawrence was allegedly witnessed turning the mares tail to one side and then again clasped his hands about her Buttocks as before and wrought with his body against her. Lawrence was acquitted in the absence of two witnesses. Thompson, Sex in Middlesex, 1649-1699, 73-74, n.14, 216, citing Court of Assistants (intro., n15), I:87; Pulsifer 3:108; 100, n.19

271 some of ye sheep could not so well be knowne by his description of them, others with them were brought befor him, and he declared which were they, and which were not...A very sade spectakle it was; for first the mare, and then yee cowe, and y rest of ye lesser catle, were kild befor his face...and then he himselfe was executed. Bradford’s History “Of Plimoth Plantation” 475

54 this family.. Upon the examination of this person and also of a former that had made some sodomitical attempts upon another, it being demanded of them how they came first to the knowledge and practice of such wickedness, the one confessed he had long used it in old England; and this youth last spoken of said he was taught it by another...By which it appears how one wicked person may infect many, and what care all ought to have what servants they bring into their families.272 A deformed piglet at New Haven in 1642 is the occasion for a third New England bestiality indictment. George Spencer is a much maligned servant with a blemished eye.273 The newborn pig is: one without hair, and some other other human resemblances, it had also one eye blemished, just like one eye of a loose fellow in the town, which occasioned him to be suspected.274 When loose fellow Spencer confesses and recants twice in succession, the agitated New Haven elders appeal to the Bay, and some other places for advice. Absent the requisite two witnesses necessary for capital punishment, they find that the physically blemished pig “corroborates” Spencer’s ambivalent confession under duress. He is hanged.275

272 Bradford’s History “Of Plimoth Plantation” 474-475

273 Chapin asserts that Spencer confessed twelve times before recanting at trial. Chapin, Criminal Justice in Colonial America, 1606-1660, 37-38

274 The Journal of John Winthrop, 385, n.46, citing Charles J. Hoadley, ed., Records of the Colony and Plantation of New Haven, 1638-1649 (Hartford, 1857), 62-69, 72-73. See also Chapin, Criminal Justice in Colonial America, 1606-1660, 38-39, 128-129, 178. Two other New Haven bestiality death penalties followed. After a sailor espied him buggering a bitch, Milford’s fifteen year-old Walter Robinson confessed to penetration andwas hung in 1655. Murrin, ‘“Things Fearful to Name”: Bestiality in Early America,’ in American Sexual Histories 17 (Elizabeth Reis ed., 2001) 30, 23, n26, 34 citing Records New Haven Colony: General Court, May 1653-Dec 1654, 85-87. See also Chapin, ibid., 178, citing New Haven Colonial Records (NHCR), 2, 132. In 1662 William Potter, aged sixty, was denounced by his son for conversing with a sow. Upon confessing a lifetime of temptations he was hung. Godbeer, Sexual Revolution in Early America, 114-115, n63, 365, citing Hoadly, Records of New Haven, 440-443

275 Other New Haven bestiality prosecutions ended in punishment by whipping, fines, imprisonment, and community notification by halter hung from the convicted sinner’s neck. In the curious 1646 case of a newborn blemished piglette, a destitute and malignedThomas Hogg escaped death because, absent witnesses, he refused to confess to copulation with the maternal sow. John Ferris (1657), with but one witness against, confessed only to the attempt, and was also spared death. Godbeer, Sexual Revolution in Early America, 111-112 ns.57, 58, 364, citing Hoadly, Records of New Haven, 223-224, 295-296. Even jocular reference to bestiality could provoke severe retribution. One Nicholas Bayly had a dog that dry humped a cow.The Bayly family was banished when Goody Bayly joked, if he had not a bitch, he must have something. Fischer, Albion’s Seed, 91-92, n.12, citing John M Murrin “Trial by Jury in Seventeenth- Century New England” in Murrin, Saints and Revolutionaries (NY, 1983), 177.

55 ...Secretly Polluted Faced with leading precedents which narrowly avoid the death penalty,276 the colony is primed for its most public and judicious investigation of marriage, competence, and childhood carnality. Pre-trial investigation is conducted by Governor Bellingham, reviewed by the Court of Assistants, then passed on to the General Court. The Court requests expert guidance from the ministers and elders of all New England.277

276 In addition to the non-capital fornication precedent set for Jonathan Thing; Thomas Owen, Sara Hales, and Capt. John Underhill escaped the death penalty for adultery the preceding September. The Journal of John Winthrop, 373; Records Court Assistants, ii, 106

277 Only the opinions of Plymouth elders Rayner, Partridge, and Chauncy survive in detail, along with Governor Bradford’s broad response. Winthrop’s own summary account in his Journal, and a brief description of proceedings in the General Court are extant. Lost is Winthrop’s extended discourse concerning Fornication, Rape, etc., forwarded to both Boston’s Rev. John Wilson and Newtowne’s (Cambridge) Rev. Thomas Shepard. It is unknown if Wilson made response. In a separate comment on his (now lost) reply, Shepard inveighs against the invndation of abdominable filthinesses breaking in vpon us, declaring that he aims not to define any thing, but to only explore the question of single Fornication; and the punishment of it. He invites Winthrop consider making some Law for the punishment of that sin which I feare else will soone poyson these societies “Thomas Shepard to John Winthrop” (ca. 1642), Winthrop Papers, iv, 345; The Journal of John Winthrop, 372, n.11. See also Norton, Founding Mothers & Fathers, 350351, n.89, 470

56 this family.. Chapter 7. Strong Meat at Full Age The Marriage State

Strong meat belongeth to them that are of full age, even those who by reason of use have their senses exercised to discern both good and evil. Hebrews.5.15

orcas and Sara Humfrey are under ten at the inception of the sexual liasons. The Humfrey boys are prepubertal, incapable of semination.278 Only at age sixteen are D Puritan maids afforded sexual liberty through marriage (with parental consent) to a single male who must be eighteen or over.279 The state marriage monopoly confers an exclusive and enduring license to sexual coupling only for purposes of procreation.280 Sex outside marital bounds, i.e., adultery and adulterous rape, are potential death penalty crimes. Lesser punishments imposed by state and church deny communal support through shaming, isolation, banishment, or excommunication; the last a terrifying imprecation of eternal hell, death without salvation.281 The rationale for the death penalty is two-fold: (1) because it is God’s law transcribed in the Bible; and (2) because sex outside marriage begets jealousy and marital strife, disputed paternity; and denies the patriarchical right of possessory copulation.

278 The Journal of John Winthrop, 371

279 Rebecca Cooper, under the guardianship of John Endecott was approached for marriage at the age of fifteen. Endecott successfully withheld permission based upon her age and several other factor.. “Downing to Winthrop,” and “Endecott to Winthrop,” Earle, Margaret Winthrop, 249-253; Pope, Pioneers of Massachusetts, 117, citing Mass Hist.Coll, 4-6

280 Long absence, inaccessibility, and spousal impotence might serve to void the marriage contract.

281 During the Seventeenth Century, at least seven persons were excommunicated in the Bay for charges related to adultery. Oberholzer, Delinquent Saints, 143, n.100-101, 305, citing Boston First Church Records, III, 12, 18. Actual numbers may have been higher, considering the absence of complete church records. Adultery cases might be plea-bargained or reduced at penalty trial to fornication, lewd behavior, disorderly carriage, or suspition of incontinency. Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 342. Or they might be tried under the rubric of fornication. Oberholzer indicates that the Bay churches handled proportionately more fornication cases than the courts. Oberholzer, Delinquent Saints, 129. From 1630-1640 the Court of Assistants tried four adulteries, sixteen fornications, and twenty lewd, lascivious, and wanton behaviors. Powers, Crime and Punishment in Early Massachusetts, 407, Table 4

57 ...Secretly Polluted Compound or extended transgressions heighten lethal punishment probability.282 Plea bargain or insufficent evidence may degrade the charge. Rape of a woman married or betrothed may only be proved by her active and timely resistance, a crying out.283 If an alleged rape results in pregnancy, female consent is implied.284 Rape of the unmarried, unpromised maid by the unmarried male is a mere fornication subject to non-lethal punishment; fine, whipping, and/or compelled marriage.285 Sex with a female child is regarded as fornication, rape, and sodomy. It is (1) fornication because copulation is outside the protective embrace of marriage.286 It is (2) rape because the child lacks “understanding.” It is (3) sodomy by virtue of her prepubertal incapacity to bear children.287

English Canon and Civil Law By convention and Canon Law age seven marks the onset of the age of reason.288 In 13th Century England age seven is the minimum for arranged marriage. Early marriage is parental insurance, protecting the property rights of underage heirs. Without this promise, the death of tenant parents exposes the legal infant to wardship. By means of wardship, a liege lord trustee may rent or sell ward property, arrange or deny marriage, or delay livery of seisin, i.e., possession of inheritance by heir at legal majority. Early marriage is voidable to age of consummation. This age of proximate

282 Sole Bay death penalty for promiscuous adulterer 18 year-old Mary Latham and her sex partner James Britton. “Brittaine” (1644), Records Court Assistants, ii, 139. See also text and notes, supra.

283 Exemplifying the Bible standard, in 1638 John Bickerstaffe was severely whiped for committing fornication with Ales (Alice) Burwood. She also was whipped for yielding to Bickerstaffe wthout crying out, & concealing it 9 or 10 dayes. Records Court Assistants, ii, 79

284 At issue here was the 17th century notion that procreation required female orgasm, and such could only be possible under conditions of consensual pleasure. Norton, Founding Fathers and Mothers, 351

285 Cotton, An Abstract of the Laws of New England, Ch.VIII Of other Crimes less heinous, No.8. Marriage afforded considerable protection from the disrepute of fornication and rape. Norton, Founding Fathers & Mothers, 68-69. See also Thompson, Sex in Middlesex, 80

286 The marital status of the man was not typically considered an element of the sin-crime.

287 The Journal of John Winthrop, 371

288 Pollack & Maitland, History of the English Law, ii, 390-1. Temporal courts sustained dower rights as well as the betrothal of babes of even earlier age.

58 this family.. pubertal capacitation is set by Canon Law at 12 for females and 14 for males.289 By church rules promulgated in 1604, persons betrothed under 21 must have parental consent. Yet (with nominal limitations) marriage arranged at earlier age either witnessed or consummated is valid and binding.290 With the exception of rape, church courts exercise authority over prosecution of most sex crimes including fornication, addultery, incest, and bigamy until the reign of Henry VIII (1491-1547).291 Overthrowing Papal authority, Henry initiates a new era of government jurisdiction over sexual behavior. In 1533 he renders sodomy and buggery- bestiality felonies punishable by death.292 Both continue capital throughout the 16th and 17th centuries. Women escape the death penalty for adultery if rape is proved. Such proof includes active resistance, and consent under duress or threats of murder.293 Age at sexual penetration may also preclude the death penalty. Boys under age 14 are by law considered incapable of consent to sodomy, hence not subject to the death penalty. If the party buggered be within the age of discretion, it is no felony in him, but in the agent only.294 So to for girls under the age of 10 caught in copulation. Factual consent of youth or child

289 Marriage consummated by copulation before the assigned age, for example, due to precocious sexual development or other factors, was not thereby subject to annulment. Pollack & Maitland, History of the English Law, ii, 390-1; “Marriage,” Encyclopedia Britannica, 11th Edition, xvii, 755, n.3

290 Stone, The Family, Sex and Marriage in England 1500-1800, 30-32; “Marriage,” Encyclopedia Britannica, 11th Edition, xvii, 757

291 Pollack & Maitland, History of the English Law, ii, 543. Islamic tradition (hadith) puts this age at nine, when Mohammed (then around 53) consumated his marriage to child bride, A’isha.. Bukhari v, bk 58, no.236, p 153

292 Stone, The Family, Sex and Marriage, 492. Advocating strict civil over lax church jurisdiction, Stuart King James I made bigamy a felony and outlawed cross-dressing. Idem, 493. Charles II finalized the removal of criminal jurisdiction from the ecclesiastical courts in the 1660's by abolishing the oath ex officio, that exculpatory oath taken by clergy when charged with crime that served as proof of innocense. Taylor, Sex in History, 146

293 Coke, Institutes of the Laws of England, First Institute, Book III. 124 (u), p.426, citing Hawk..b.1.c.41.s.7

294 Coke, Institutes of the Laws of England, The Third Part, Cap. 10, pp.58-59. Coke’s early editor(s) provide an interesting exception to this standard in rape: And though an infant under the age of fourteen years is presumed by law incapble of committing a rape, yet he may be guilty as an abettor, if shown to possess a mischievous discretion. Coke, Institutes,First. Book III. 124 (u), p.436, citing I Hale, 630

59 ...Secretly Polluted to intercourse is no legal defense against capital punishment for male agents above the consent cut-off age.295 Despite significant shifts in public morays,296 no major changes are made in English sex regulation laws during the early half of the 17th Century.297 Consensual intercourse with a maiden under age 10 continues to constitute a distinct legal category of “rape,” punishable by death.298 In 1623 complex fornications, spurred by bastardy and public funding issues, are upgraded to felony status.299 But under ecclesiatical court jurisdiction, adultery begets small fines and penances in the Archdeacon’s Court, or high fines for high gentlemen in the royal Courts of High Commission.300 After the Puritan-Independent faction decapitates Charles I adultery becomes a capital offense. Under the Rump Parliament in 1650 both men and women are subject to death, but the crime is defined solely by the woman’s marital status. Exceptions to the

295 Coke, Institutes of the Laws of England, The Third Part, Cap. 11, p.60 See also Haskins, Law and Authority in Early Massachusetts, 147, 150. Sex with partners incapacitated by statute to consent to sex in virtue of age thus begot the term “statutory rape.” Discussing the 1666 excommunication of George Bates for unchast carridges with a girl of nine or ten Church historian Emil Oberholzer observed that in its early history “Statutory rape was unknown in Massachusetts and the law did not recognize the rape of a girl under ten.” Oberholzer, Delinquent Saints, 149, n.126, 306

296 The court of James I (1566-1625) became notorious for sex scandals in which the King’s favourites, Robert Carr, Earl of Somerset, and George Villiers, Duke of Buckingham, played homosexual/bisexual roles. The Royal double-standard accelerated the rise of a strong Puritan faction Upon the death of James in March 1625, Charles I appointed Laud, Archbishop of Canterbury, with the avowed aim to defend the Anglican church and reimpose moral authority. Stone, The Family, Sex and Marriage in England 1500- 1800, 492-493, 504-505

297 Sexual relations were subject to family, church, and manorial authority with regulation by custom and common law. Billias, Law & Authority in Colonial America, esp. Mark DeWolfe Howe, “The Sources and Nature of Law in Colonial Massachusetts,” 1-16. The Reformation and feudal disintegration tended to vest authority in the household patriarch. Stone, The Family, Sex and Marriage, 154-159; Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 294-297.

298 Coke, Institutes of the Laws of England, The Third Part, Cap. 11, p.60

299 The English Act of 1623, to prevent the Murthering of Bastard Children by lewd women was exceptional by (1) concern for the illegitimate child’s life as distinct from its drain on public coffers, and (2) shifting the burden of exculpatory proof to the defendant. The act provided the Mother soe offending shall suffer Death as in the case of Murther, except such Mother can make proofe by one witness at the leest, that the child...was born dead. Pinchbeck and Hewitt, Children in English Society, 209, n.1, citing 21 Jac. I, c. 27. See also Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood, 311, n.33-35, 336-337 citing inter alia the same Pinchbeck and Hewitt, 201[pagination error].

300 Haskins, Law and Authority in Early Massachusetts, 149, n.55, 271, citing Stephen, A History of the Criminal Law in England (London 1883), ii, 422-423

60 this family.. death penalty are made for men ignorant of their sexual partner’s marital status, married women so ravished, and wives whose husband was absent for three years or reputed dead.301 Except in rare and extraordinary cases, most adulterous crimes meet with mitigated punishment.302

Old Testament In early Israel, women and children are the exclusive property of the dominant clan male, subject only to regulation imposed by polygamous marriage.303 Marriages are formed to advance clan interests. Maidens are valued property conveyed from father to husband.304 The sale and purchase of maiden brides i s established practice.305 At the age

301 First time fornication was punishable by 3 month in gaol without bail, and a one-year probation. Firth and Rait, “An Act for suppressing the detestable sins of Incest, Adultery and Fornication” [10 May 1650], Acts and Ordinances of the Interregnum, 1642-1660, ii, 387-389

302 Throughout Greater London (Middlesex county) in 1652 one woman alone was executed for adultery, few or none thereafter in Cromwell’s time. Aylmer, The State’s Servants, 49, 306, n.7, 428, citing Middlesex County Records III, I Charles to 18 Charles II (Middlesex County Rec. Soc. 1888), p.xxii. See also Powers, Crime and Punishment in Early Massachusetts, 262; Thompson, A History of Sin, 180

303 Exodus, 21.7-11. Calvin reflected upon Israel’s historic sin-filled barbarism: From this passage, as well as other similar ones, it plainly appears how many vices were of necessity tolerated in this people. Calvin, Harmony of the Pentateuch,iii, 80-81 He affirmed God’s approval of chastity in a context of child servitude and concubinage amplified by seductive masters: a caution is given lest masters should seduce their maid-servants at their pleasure. His sanction: if no marriage takes place, the master’s penalty is loss of property. she should be set free gratuitously, in order that her liberty may compensate for the wrong she has received. Idem, 82

304 Paternal veto rights over his daughter’s contracts transfer to the husband upon the daughter’s marriage. Numbers 30:6-15.

305 Genesis 29.20. Calvin condemned Laban’s shamefull barbarity to give his daughter, by way of reward, for Jacob’s services, making her the subject of a kind of barter. Calvin, Commentaries on the Book of Genesis, ii, 130. But the purchase of women was part of Mosaic tradition. Boaz bought Ruth. Ruth 4.10. Hosea spent 15 pieces of silver plus 1½ homers of barley to secure his previously adulterous wife, then forbade all intercourse between them. Hosea 3.2-3. And as with scalps, a portion of a mutilated victim could evidence both valor and value. David purchased his wife with the penis foreskins of one hundred Philistines. 2 Samuels 3.14

61 ...Secretly Polluted of 12½ young maidens are marriage stock.306 Young men are induced to marry by age 18, in no event past twenty.307 Special penalties mitigate wartime lust and rape by compulsory religious conversion and marriage.308 By the time of Moses, veto of marriage contract is permitted to an unmarried female where parents prearrange the marriage absent her consent.309 A maiden’s own marriage contract is likewise subject to paternal veto, when rejected by her father in timely fashion.310 Sex is a wife’s obligation at husband’s discretion. Vocal protest against forced copulation (*adulterous rape) with any man not husband or betrothed can mitigate her own death penalty.311 But rape itself within marriage or completely outside of

306 Social hstorian Geoffrey May assert that girls in ancient Hebrew law were considered adult “over the age of twelve years and six months.” Hence, “the man having intercourse with her not only was guilty of no crime; he was not even liable to her father for her bride-price.” May ads that if sex were repeated with the same man, “neither committed a Scriptural offense.” May, Social Control of Sexual Expression, 29, n.68, citing John Selden, Uxor Ebraica, seu de Nuptiis & Divortiis ex Jure Civile, id est, Divino & Talmudicao, Veterum Ebraeorum (London, 1646), Lib.I, c.16; and 30, n.71, citing L N Dembitz, Fornication: Jewish Encyclopaedia [no page]. See also Taylor, Sex in History, 241, n.172, citing May [no page]. I find no Old Testament authority for these assertions, although they may be accurate representations of early Hebrew codes or actual practice. Perhaps such an early age of discretion followed by sexual activity represented a consumated common-law marriage, intended to discourage either whoredom in the temple (sometimes a consecration in pagan faiths) or “chastity fraud,” i.e., secret pre-marital fornication which could result in the death penalty if the bride was discovered by her husband to have been previously defloured. Deuteronomy 22.13-21 May also signals male marriage at age 18 when “it was the duty of a man to take a wife, and in no case should a Hebrew have passed his twentieth year unmarried.” May, ibid., 30, n.74, citing Gerald Friedlander, Laws and Custom of Israel, Part iv, The Duties of Women - Compiled from the Codes Chayye Adam and Kizzur Schulchan ‘Arukh ( London, 1916), 408

307 May, Social Control of Sexual Expression, 30, n.74, citing Friedlander, Laws and Customs of Israel- “Part IV, the duties of Women – Compiled from the codes Chayye Adam and Kissur Schulchan ‘Arakh” (London, 1916), 408

308 Leviticus 21.10-14 acknowledges marriage by capture in times of war. Yet it does so only under the controlled process of religious conversion, in accord with strict ceremonial regulation. Thus it may be viewed as an attempt to mitigate uncontrolled wartime rape.

309 The vow must be voluntary. Leviticus 23.37-38; Numbers 29.39

310 Numbers 30:3-5. The paternal veto must be timely, in the day that he heareth.. But the authority is absolute.

311 Both parties to adultery are subject to death. But if a married or betrothed woman resists and yells out, the death penalty does not apply to her. Deuteronomy 22.24-25

62 this family.. marriage or betrothal is not capital.312

No precise age of moral accountability Neither Old nor New Testament specifies a precise age of moral accountability.313 No age of consent to sex or marriage is directly mentioned in Mosaic law or New Testament text.314 Age, gender, and socio-economic status may determine the appropriate tax for the support of the temple.315 One New Testament passage links rare post- menopausal fecundity to faith.316 Birth order but not cardinal age is favored in the marriage precedence of older daughter before younger, subject to paternal will and interests.317 Out of the thirty-five death penalty or banishment crimes in the Old Testament, only nine are both sexual and capital.318 Marriage is the explicit fulcrum for seven of these

312 Is rape or defilement of a virgin maid a capital crime? Dinah’s brothers thought so. Religious origins of “statutory” rape are found in the1600 BC slaughter of Hivites by angry sons of Isreal. Genesis 34.1-.31

313 I have found only one direct New Testament reference to an age of legal capacitation. When the parents of a born-blind son are queried regarding the miracle of his vision through the spit and mud concoction of Jesus, they reply, He is of age; ask him: he shall speak for himself. John 9.21, 23

314 Roman law also had no threshold age for marriage, preferring to establish by direct genital examination the onset of puberty and birthing capability. Darmon, Trial By Impotence, 51

315 Parameters for “free-will offerings” vows (voluntary payment pledges) for the support of the church were based on age, gender, and ability to pay. Payment estimation generally increased up to age 60, thereafter reduced by about 2/3. Ages bracketed were 1 month-5 yrs, 5-20, 20-60, and over 60. Female obligations ranged from one-half to two-thirds of the pledge estimates set upon the male. Leviticus 27.1- 13; Wordsworth, Commentaries, vol.I, 85-86, preliminary notes and n.4-8

316 Hebrews 11.11. Through faith also Sara received strength to conceive seed, and was delivered of a child when she was past age, because he judged him faithful who had promised. The Puritans may have been influenced in their conception of an appropriate age at marriage by Psalms 29.4. Behold, thou hast made my days as a handful, and mine age is as nothing before thee; verily every man at his best state is altogether vanity. In fact, neither testament, Old or New, gives import to absolute age as an inflection point in the acquisition of sexual relations, obligations, and responsibility.

317 The parable of Leah and Jacob presumes an “ordinal age” obligation, establishing the priority of an elder daughter in marriage relative to the younger. Genesis 29.26

318 Spear, Essays on the Punishment of Death, 159-161 [with modest changes] Clan out-breeding, he that giveth any of his seed unto Moloch, is forbidden on pain of stoning. Leviticus 20.2. Despite ambiguity, the passage probably refers to an economic or political transaction. i.e., exchanging or permitting intercourse of unmarried progeny with the Canaanites. Idem. 160. Given the associations with seed and whoredom, this crime is appears to be a double-jeopardy special: if the stones don’t get you, banishment will.

63 ...Secretly Polluted provisions. Two adultery provisions are specified, three forms of incest by marital relatives, and two chastity sanctions for intercourse prior to marriage.319 Two death penalty provisions directly relate to procreative capacity, one prohibiting man-to-man intercourse,320 the other one man-to-animal sex.321 With the exception of sex with an animal, in every instance the death penalty is for consensual copulatory sex.322 On the harsh-penalty continuum, polygamous incest with a man’s mother is counted the worst, punished with death by burning.323 Sex with a child is nowhere expressly prohibited.

Leviticus 20.5.

319 Chaste repute preserves the barter value of a daughter. Control over the maidenhead economy is central to the dominance of the adult family male over women, children, and non-breeding males. The virgin maid exchange also supports the elite alliances which maintain the Puritan autocracy. Stone, The Family, Sex and Marriage in England 1500-1800, 156

320 Female-to-female sex is not specifically capitalized in the Old Testament. In each instance the potential for copulation/penetration with or without seminal emission appears to be a prerequisite to the death penalty charge.

321 Belief in the birth of deformed monsters as the result of man-animal copulation encouraged vigilence to maintain chastity and separation from the unclean. Theology linked sinful behavior and physical disability, e.g., those with blemish, flat nose, blind, lame, crookbackt, dwarf, scurvy, scabbed, or broken stones (testicular castrates) were denied access to the temple or the priestly profession. Leviticus 21.18-21

322 Rape in the course of adultery served as a legal defense against capital punishment for women. Subservient clan status also conferred protection against death penalty pronouncements. Absolution was provided for the married bond-maid found guilty of adulterous sex and the betrothed virgin who was raped, as well as the chaste servant or daughter not responsible for her condition Leviticus 20.10

323 Burning. A special punishment for incestuous polygamy. Leviticus 20.14

64 this family.. Chapter 8. Free Fruits Statutes of Liberty

where anie yea though an Angel from heaven shall obtrude anie thing upon us without warrant from the word, avoide them yea let them bee in that Anathematiad John Humfrey, 1630324

n 1628 physician-divine Alexander Leighton publishes Sion’s Plea against Prelacy.325 The polemic blasts Crown foreign policy, Anglican bishops, and the Catholic Queen I Henrietta Maria, implicating her in the betrayal of the Protestant cause in Europe.326 Writing to Winthrop from England, Humfrey describes Leighton’s censure: Dr. Laiton hath after an escape been taken and received half of his censure, viz, 12 lashes with a 3 corded whip, one eare cut off, one nostril slit, and stygmatized in the face.327 In addition to branded cheeks, lopped ears, and slit nose, Leighton is fined £10,000 and sentenced to life by the Star Chamber Court.328 Brutality is carefully parsed in early New England, aimed primarily at wanton recidivists.. In April 1629 the London Company of the Massachusetts Bay instructs

324 “John Humfrey to John Winthrop,” London Dec: 12th 1630, Winthrop Paers i, 333

325 Alexander Leighton (1568-1649) was released from life imprisonment by the Long Parliament in 1640, subsequently keeper of London’s Lambeth House, palatial residence of the Archbishop of Canterbury. Concise Dictionary of National Biography, 763. Leighton’s son Rev. Robert Leighton (1611-1684) was professor at Edinburgh and later archbishop of Scotland. He was notable for his attempts to reconcile Presbyterian with Episcopalian faith. ”Leighton, Robert” Encyclopedia Brittanica (11th ed.), xvi, 398-399

326 An Appeal to, or Sion’s Plea against Prelacy held that the Anglican heirarchy was anti-christian and satanical, the king abused by the bishops, and the queen a daughter of Heth, i.e., one of an abominable creed and worship, literally a Hittite descendant of Canaan (Gen. 10.15). Lingard, History of England, ix, 244-245

327 Andrews, The Colonial Period of American History, n.1, 383

328 The white-hot poker left Rev. Leighton with the permanent cheek brand S.S., “sower of sedition.” He spent the next ten years in jail. Lingard, History of England, ix, 244-245

65 ...Secretly Polluted Governor Endecott at Salem on the fundamentals:329 Or desire is to vse lenitie all that may bee; but, in case of necessitie, not to neglect the other, knowing that Correccion is ordained for the ffooles back.330 Two years later Philip Ratcliffe directs his moste foule scandalous invectiues at the Salem church and magistrates. Cradock’s chief servant 331gets a heavy dose of Puritan correction.332 Tried by deposition and proved upon oath, the summary process mimics High Commission and Star Chamber proceedings.333 In June 1631 the Court of Assistants sentences Ratcliffe to be whipped, haue his eares cutt of fyned 40£ & banished out of ye lymitts of the Jurisdiction334

329 Endecott was an apt choice for the administration of physical correccion. His devotion to this method was rigid and unswerving. In January 1641 John Goit of Salem was remanded to the Quarterly Court and admonished for his concise summation of Endecott’s Cerberean posture: its better to goe to hell gate for mercy then to mr Endecott for iustice. Records and Files of the Quarterly Courts of Essex County Massachusetts, v. 1, 1636-1656, 35

330 The letter of instructions to Endecott was signed by the Gouvrern (Cradock) and deputie Governor (Thomas Goffe). Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii(i), 94. Nine days later (30 April 1629) Humfrey, Increase Nowell, Herbert Pelham (III), and Pelham’s father-in-law, Thomas Walgrave (Waldegrave) began drafting the oath of office for Gov. Endecott and his council. Idem, 27, n.1, 30-31. In May Humfrey and Thomas Adams were charged with provisioning the nascent plantation. Idem, 34. See also Haskins, Law and Authority in Early Massachusetts, 211, n.106, 285 citing Winthrop Papers, iv, 476; Rose-Troup, The Massachusetts Bay Company and its Predecessors, 24, 40; Morison, Builders of the Bay Colony, 33

331 Records Court Assistants, ii, 16. After being stiffed by a Salem debtor, Ratcliffe was tried for mallitious & scandalous speeches against the government & the church of Salem, associating the latter’s founding with the Devil’s inspiration. Adams, Three Episodes in Massachusetts History, 259-260, Perley, History of Salem, i, 219-221

332 Clapp, who saw it done, cite’s Ratcliffe example as putting courage into our magistrates to punish those that did rebel. Young, Chronicles of the First Planters, “Captain Roger Clap’s Memoirs,” 361-362

333 Haskins, Law and Authority in Early Massachusetts, 183, n.125, 180, citing Mass. Records I, 88; Assistants Records ii, 16; Andrews, The Colonial Period of American History, 383, n.1, citing Winthrop Papers, i, 11 in Collections Massachusetts Historical Society. Punishments in England were not always harsh and cruel. Admonition alone was sometimes administered in similar cases. Andrews, 383, n.1, citing Usher, The Rise and Fall of the High Commission, 268

334 Records Court Assistants, ii (14 June 1641), 16; The Journal of John Winthrop, 52. According to Morton, by Sir Christopher Gardiner’s intervention, Ratcliffe narrowly avoided nasal slitting and other mutilations. Adams, Three Episodes of Massachusetts History, i, 259-262.

66 this family.. Writing from London, Humfrey warns Bay leaders against the loss of Cradock’s patronage.335 Repercussions of Ratcliff’s mutilation336 creating both scandal and opportunity for colonial Lord proprietors, eventuate in the notorious Quo Warranto,337 the 1635 recall of the Bay Patent.338 In the ensuing decades, enthusiasm for mutilations in Massachusetts is much restrained.339 In England, other high profile cases also command attention. In 1635, Lincoln’s Inn barrister and Puritan pamphleteer William Prynne, Esq340 is hauled before before the Court of High Commission. He adamantly refuses to swear any ex officio oath.341 His

335 Rose-Troup, The Massachusetts Bay Company and its Predecessors, 30, n.19, citing Winthrop Papers, i, 12

336 Mutilations galvanized English aversion to New England audacity. In direct reference to Phillip Ratcliffe,. Bay supporter Edward Howes of London wrote to John Winthrop Jr. in 1632, chastising the severitie of your Government especially Mr Indicutts...about cuttinge off the Lunatick mans eares. Perley, History of Salem, i, 219, citing 3 Collections Massachusetts Historical Society, ix, 243..See also. Journal of John Winthrop, 262, n. 54; Adams, Three Episodes of Massachusetts History, i, 278-279, 291, 304- 305

337 A quo warranto is an order to produce the legal basis for authority. When Cradock (in London) was unable to produce the original document (then in New England), a judgment was entered voiding the patent. The Council for New England was dissolved. In 1635 Sir Ferdinando Gorges was commissioned governor-general of New England and authorized sufficient soldiers to regulate that land. In response, the Bay Council put the militia on high alert and established a military cabinet with Humfrey in charge ofarranging fortifications for defense. But in late November Gorge’s partner and original New Hampshire patentee John Mason (1586-1635) died, leaving the insolvent Gorges with no funding for a military occupation. Adams, Three Episodes in Massachusetts History, i, 271-293. In 1638 the demand for patent recall was renewed. Again the colony successfully temporized. Journal of John Winthrop, 262, n.55

338 The Journal of John Winthrop, 52, n.12, citing Winthrop Papers, iii, 76, Cressy, Coming Over (Cambridge, 1987), 23

339 Powers, Crime and Punishment in Early Massachusetts, 184

340 Prynne sought to avenge himself by publication of a latin passage from Archbishop Laud’s 1625 private diary which described Laud’s compromising homosexual dream with King James’ favorite, the Duke of Buckingham. Thompson, Unfit for Modest Ears, 10. Prynne later sought to expose Hugh Peter’s hypocrisy by the publication of Peter’s correspondence with Laud. Stearns, The Strenuous Puritan: Hugh Peter, 241.

341 Rev. Henry Burton, physician John Bastwick, and attorney William Prynne were convicted of seditious unlicensed writing, fined £5000 each and sentenced to life imprisonment by the ecclesiastical Court of High Commission. The King’s Star Chamber Court, possessing more extensive punitive authority, set him to pillory, branding, and mutilation. Meltzer, The Right to Remain Silent, 58-59. Laud applauded the just and honorable sentence, regretting only (in a letter to the Earl of Strafford) that he could not be more thorough. Schapp, Creeds of Christendom, 717-718

67 ...Secretly Polluted defense team includes solicitor Thomas Lechford of Clements Inn,342 In order to max-out his sentence Prynne is retried in the Star Chamber Court where he is convicted of seditious libel, losing his liberty and two ears.343 The free conscience oath issue resounds across the Atlantic in a contentious Bay religious and political climate. During1636 and1637 the simmering Antinomian controversy erupts in the examination of Reverend John Wheelwright for heresy and sedition. Wheelwright is charged with seditious sermonizing on a day of fast and reconciliation.His devotion to Anne Hutchinson and Winthrop’s fear of civil strife is at issue.344 A questionable ex officio oath of disavowal from Wheewright is demanded and

342 Thomas Lechford’s opposition to Laud and his support for Prynne resulted in his own brief imprisonment. Lechford, Plaine Dealing, JH Trumbull, introduction, xiv-xv. There appears to be little evidence that he served on Prynne’s defense team. Barnes, “Thomas Lechford and the Earliest Lawyering in Massachusetts, 1638-1641” in Bridenbaugh (ed), Law in Colonial Massachusetts, 1630-1680, 12-14

343 William Prynne (1600-1669) was lecturer at Oxford, law student at Lincoln’s Inn from 1621, barrister from 1628, and flame-brand advocate of a Calvanistic theocratic state. He was debarred and had his ears shorn after his anti-theater diatribe, Histrio-mastix, occasioned a Star Chamber trial for seditious libel by its implied slur against Queen Henrietta Maria who performed a ballet mime of foreign dress and manners. Prynne, Histrio-Mastix: The Players’ Scourge or Actors’ Tragaedie, in Garnett, Vallee, Brandl (eds.), The Universal Anthology, xiii, 366-370 (Prologue). In Concordia discors he inveighed against the wholesale use of oaths. Discharged from prison by Parliament in 1640, Prynne alienated Independents and Presbyterians, denounced Quakers, and plumped for a national church. His popularity was evidenced in repeated election to Parliament. In favor at the Restoration, he helped engineer the death of ten regicides, including Hugh Peter through exclusion from a general amnesty provided by the 1660 Act of Indemnity. “Prynne, William” Encyclopedia Britannica, (11th ed.), xxii, 531-533; Stearns, The Strenuous Puritan, 241, 303; Lechford, Plaine Dealing, JH Trumbull, introduction, xv-xvii

344 The Journal of John Winthrop, 210 -211 Mr. Wheelwright...preaching at the last fast, inveighed against all that walked in a covenant of works...viz., such as maintain sanctification as an evidence of justification and called them antichrists, and stirred up the people against them with much bitterness and vehemency...the court adjudged him guilty of sedition and also of contempt, for the court had appointed the fast as a means of reconciliation of the differences, etc., and he purposely set himself to kindle and increase them.

68 this family.. refused.345 Banished from the Bay, he retains his ears, but loses his influential voice.346 Other Antinomian symps in Boston, Roxbury, and Dorchester are disarmed and disenfranchised. John Humfrey is nowhere to be heard.347 Meanwhile in England John Lilburne348 denounces self-incrimination under oath as contrary to the rights of free-borne Englishmen. Confronted by the Star Chamber, Lilborne is pilloried, whipped, and thrown into prison. In 1649 he is set free by Parliament, from then on denouncing the minority military-backed Puritan-Independent

345 Winthrop argued that the oath sought from Wheelwright was safe and proper, signifying no more but the authority or duty of the Court, seeing the Court did not examine him by any compulsory meanes, as by oath, imprisonment, or the like. Hall, ed., The Antinomian Controversy, 1636-1638, ch.8, A Short Story of the Rise, Reign, and Ruine of the Antinomians, 284-285, n.65;

346 The General Court under Winthrop’s direction found Wheelwright guilty of both sedition and also contempt which threatened civil order, extending even to the orderly prosecution of the Pequot war: Whereas before hee broached his opinions, there was a peaceable and comely order in all affaires in the Churches, and civill state, &c, now...all things are turned upside down among us...sets divisions between husband and wife, and other relations there, till the weaker give place to the stronger, otherwise it turnes to open contention; it is come also into Civill and publike affaires, and hath bred great disturbance there, as appeared in the late expedition against the Pequeds Winthrop, A Short Story of the Rise, reign, and ruine of the Antinomians, Familists & Libertines, in Hall (ed.) The Antinomian Controversy, 1636-1638, 253; The Journal of John Winthrop, 210-211, 217, n.88; Gura, A Glimpse of Sion’s Glory, 250-251

347 Before the election of March 1637 Humfrey may have provided moderate support for Wheelwright with Assistants John Winthrop Jr., Simon Bradstreet, William Pynchon, and. perhaps Richard Bellingham. In March Wheelwright partisan Governor Henry Vane was defeated by Winthrop, but newly elected Assisrtant Israel Stoughton added to his support. Wheelwright’s cause also gained strength from former Assistants William Coddington and Richard Dummer, Deputies John Coggeshall and influential Boston militia/merchants including Deputy William Aspinwall, Thomas Savage and John Underhill. Winthrop, A Short Story of the Rise, reign, and ruine of the Antinomians, Familist & Libertines, in Hall (ed), The Antinomian Controversy, 1636-1638, 250-251, 256-257, passim; Winsor, The Memorial History of Boston, i, 175-177. See also Winship, Making Heretics: Militant Protestantism and Free Grace in Massachusetts, 1635-1641, 121

348 John Lilburne (1614-1657), law-clerk to Prynne and friend to Dr. John Bastwick. By February 1638 he had circulated their broadsides and their notorious pamphlet The Litany offensive to the established church. Emprisoned numerous times for his rowsing support of radical democratic reform and the Levellers (whose name he disdained); his vindication of the Magna Charta and the Petition of Right eventually placed him at powerful odds with Rev. Hugh Peter and Cromwell. “Lilburne, John” Encyclopedia Brittanica (11th ed.), xvi, 682; “Levellers” Ibid., 506; Stearns, The Strenuous Puritan: Hugh Peter, 349; Meltzer, The Right to Remain Silent, 60-67

69 ...Secretly Polluted faction during the extended course of the England’s civil war.349

Winthrop’s Vision In 1629 John Winthrop details three great and fundamentall errors leading to the downfall of colonial plantations. 1: their mayne end was Carnall & not Religious: 2. They used unfitt instruments, a multitude of rude & misgovernd person, the very scumme of the Land: 3: They did not establish a right forme of government.350 Winthrop’s right forme of government accords special significance to rule under duly enacted law. Meeting in Boston on November 1630, the Court of Assistants rebukes and fines Sir Richard Saltonstall 5£ for whipping two persons in the absence of another Magistrate contrary to an act of Court formly made.351 Winthrop is no egalitarian. He lobbies for a lifetime Standing Council352 and a negative voice, a veto over decisions of a General Court swollen with Deputies from rapidly expanding towns.353 The Magistrates authority assumes special importance in banishment, mutilation and the death penalty proceedings where unsettled law permits the Governor final judgment. The town appointed Deputies grow wary of the Governing Council’s grasp on judicial authority. They insist on a written compilation of rules of permissible behavior to curb magistrate discretion..354 In May 1635 the General Court establishes its first

349 Lilburne cooperated to a point with the usual judicial inquiry regarding the thing laid to my charge. Haskins, Law and Authority in Early Massachusetts, 200. Whereas many Puritans had refused the oath administered by the church Court of High Commission, Lilburne found the same principle applicable to the Star Chamber, incurring the wrath of Laud. The Star Chamber court had him whipped, pilloried, then jailed until his fine of £500 was paid. In pamphlets smuggled out of prison, Lilburne engaged the public in Parliament’s cause. He was not released until November 1640. Meltzer, The Right to Remain Silent, 63- 65

350 Winthrop, Life and Letters of John Winthrop, i, 314

351 Records Court Assistants, ii, 9

352 The Journal of John Winthrop, 418-420, n.52-53

353 “The Negative Vote,” Proceeding Mass Hist Society (1912-1913), v. 46, 276-285; The Journal of John Winthrop, 456, n.62; see also Schweninger, John Winthrop, 108

354 The Journal of John Winthrop, 558. In October 1644, when church elders were consulted for an advisory opinion on the magistrate’s judicial discretion, etc., they found that: wherein the Judge is persuaded in conscience that a crime deserve the a greater punishment then the Lawe inflictethe, he may lawfully pronounce Sentence accordinge to the prescript penaltye &c: bnecause he hathe no powerr Committed to him by Lawe to

70 this family.. committee to prepare a code of legal principles. The group contains no ministers. Its members are Winthrop, Dudley, Governor Haynes, and Deputy Governor Bellingham.355 A reorganized committee forms in May 1636 under the leadership of godly grave, and judicious divine John Cotton.356 With newly elected Governor Henry Vane and two recently arrivals, Revs. Hugh Peter and Thomas Shepard, they set to work to prepare a draught of lawes agreeable to the word of God, which may be thee Fundamentalls of this commonwealth.357 But political and religious ferment derail the planning process, and the Pequot war disrupts further codification.358 Dissent and consequent migratory dispersions strengthen the central authority of the Assistants and Winthrop. Roger Williams is banished in 1635- 1636;359 followed by Anne Hutchinson in November of 1637.360

goe higher: But where the Lawe may seem to the conscience of the judge to inflict a greater penalty than the offence deserveth, it is his part to suspend his sentence till by conference with the lawgivers he find liberty either to inflict the sentence or to mitigate it. The Journal of John Winthrop, 558. The General Court disagreed, voting that the magistrates could not deviate from fixed penalties prescribed in the law. The Journal of John Winthrop, 561, n.30 citing MR:, 2:95-96; 562 n.31 citing Winthrop’s July 1644 “Discourse on Arbitrary Government,” Winthrop Papers, 4: 468-482. See also Haskins, Law and Authority in Early Massachusetts, 37.

355 Haskins, Law and Authority in Early Massachusetts, 124

356 Aspinwall, An Address to the Reader, by the Publisher of the foregoing Abstract of Laws (1655), in Collections Massachusetts Historical Society, 1798, vol.5, 187

357 Peter is said to have specifically recommended Cotton for this effort. Gildrie, Salem, Massachusetts 1626-1683. A Covenant Community, 646, n.10, citing IM Calder “‘Moses, his Judicials,’” New England Quarterly 3 (1930): 82-94; Mass.Recs., 1, 346

358 Bradford’s History “Of Plimoth Plantation.” 426-430; Bourne, The Red King’s Rebellion, 74-76

359 Williams was examined by Rev. Hooker of Newtowne for doctrinal error because he renounced Salem church communion with other churches of the Bay. Williams claimed they were full of Antichristian polution by holding out the sacrament of the Lord’s Supper to the “unregenerate.” For his defamation and malignment of the magistrates, and in order to avert a congregational exodus, he was sentenced to be banished to England. Williams barely avoided capture and escaped to Narragansett Bay Indian lands in the midst of New England winter, followed by about 20 of his Salem converts. The Journal of John Winthrop, 158, 163-164; Covey, The Gentle Radical, 114-116, 122

360 In the Antinomian faith vs. works controversy, Boston cleric John Wilson was opposed by a Boston congregation influenced by Rev. John Cotton and Governor Henry Vane. Wilson then allied with Winthrop, Rev. Thomas Shepard of Newtowne, and other non-Bostonian plantation leaders to oust Anne Hutchinson. A politically weakened Cotton adroitly survived, but Vane departed the colony in official disrepute. The Journal of John Winthrop, 204-206; Hall (ed.), The Antinomian Controversy, 1636-1638, introduction et passim; Winship, “The Most Glorious Church in the World,” Journal of British Studies 39

71 ...Secretly Polluted Cottons’s Code In 1637 Cotton submits to the General Court his Abstract of New England Law, 361 commonly called Cotton’s Code or Moses, The (His) Judicials. But Cotten is seriously compromised by his early suuport of Hutchinson, her brother-in-law Rev. John Wheelwright, and assorted sympathetic Bostonians. Winthrop edits the code, but it is not enacted.362 Despite his loss of status, Cotton continues the revision of Bay law in accord with scriptural injunction.363 The skeletal constitution defines the anatomy, functions, and obligations of governance and outlines provisions for its enactment, security, and maintenance.364 Governing magistrates are charged to preserve religion.365 The magistrates are chosen by and out of free burgesses,366 sacramental members of local Bay church meetings. A new church may only be formed with the permission of a congregation already established.367

(Jan 2000):71-98

361 Cotton, An Abstract of the Laws of New England (1641), in Collections Massachusetts Historical Society 1798, vol.5, 173-187

362 A copy of Cotton’s Code served as the fundamental law of New Haven, including the legendary Blue Laws, later promulgated by a number of New England states. Morison, Builders of the Bay, 229. This influence was later manifest in the English “Puritan Acts” of 1650. Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 387-389

363 Cotton’s Code was promulgated by its author, not as a written Constitution or earthly law, but a godly antidote to earthly legal poison. Aspinwall states in his 1655 introduction to the code, that any such regulations not covered by scriptural reference are: not properly laws, but prudential rules, which be commended to that colony....as public contracts. Which being once made and assented to for their own convenience, do bind as covenants do, until by like public consent they be abrogated and made void. Aspinwall, An Address to the Reader, by the Publisher of the forgoing Abstract of Laws, in Collections Massachusetts Historical Society, v. 5, 1798: 187-193, 189

364 In addition to addressing crime and criminal justice, the constitution of the state contained provisions for security and taxation, property law, commerce, trespass, and war. Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173-187

365 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173, Ch.I Of Magistrates, citing Exodus 32.25, 27

366 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173, Ch.I Of Magistrates, citing Deuteronomy 1.13, 17, 15

367 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173, Ch.II Of the free Burgesses and free Inhabitants

72 this family.. Criminal provisions incorporate important due process elements embodied in English common law.368 The Code enumerates limitations on the exercise of authority which (1) afford protection from arbitrary imprisonment, (2) generally require two witnesses at trial for conviction, and (3) provide an alternative to capital punishment through banishment.369 A mandatory death penalty is reserved for 19 crimes (one discretionary), compared to 35 in the Old Testament,370 and 150 crimes punishable by death in England.371 All but two of the Code’s twenty-four capital or banishment crimes, willful perjury and treason, cite applicable Old Testament Mosaic authority.372 Whereas the Old Testament enters separate capital indictments for children striking and cursing parents,373 and persistant stubborn, rebellious and disobedient sons,374 Cotton’s Code places them in one capital category, rebellious children, whether they continue in riot or drunkenness, after due correction from their parents, or whether they curse or smite their parents.375 Despite Cotton’s diligence regarding capital provisions, out of ten sections of the

368 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 184-185, Ch.IX Of the trial of causes, whether civil or criminal, and the execution of sentence

369 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v.5, 1798, 182, Ch.VII. Of Crimes. And first, of such as deserve capital punishment, or cutting off from a man’s people, whether by death or banishment.

370 Spear, Essay on the Punishment of Death (1844), 159-160, 180, n.†

371 Barry, History of Massachusetts, 276. In striking contrast to New England, in England theft of goods valued over one shilling, the day wage of a skilled seventeenth century craftsman, was punishable by death. Haskins, Law and Authority in Early Massachusetts, 131, n.122, 267. Twelve pence makes a shilling, and twenty shillings equals one pound (£) sterling. By some recent estimate (1998), one £ then was the equivalent of about $1000 dollars today, or one shilling equal to $50.

372 Barry, History of Massachusetts, 276; Haskins, Law and Authority in Early Massachusetts, 125

373 Exodus 21.15, 21.17; Leviticus 20.9

374 Deuteronomy 21.18-21. Calvin commends Mosaic law for its limitations on parental rights; in contrast to Roman law where a father has absolute power of imprisonment, involuntary servitude, and death with respect to his children. Calvin, Harmony of the Pentateuch, iii, 15, n.1, citing Sall.Cat.,39; Liv.,ii.41; viii.7; Diony.,viii.79 in Adam’s Roman Antiquities

375 Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 183, No.16, citing Exodus 21.15, 17; Leviticus 20.9

73 ...Secretly Polluted Code only four are accompanied by Bible justification.376 The Code serves as model for fundamental laws in New Haven, Southampton (Long Island), and Cromwell’s England. Ultimately it influences the development of the laws of the several states and guarantees under the Federal Constitution.377

Winthrop’s Death-Penalty Deletions Cotton’s advocacy of life tenure for Magistrates,378 the standing power or Standing Council, antagonizes the freemen Deputies.379 And his capital code inclusions are too much for the practical and politic Winthrop.380 Winthrop removes several capital sex provisions, mindful of Christian redemption and the precept that scripture be always a Rule to vs, yet not the phrase.381 Winthrop’s deletions conform to English common law death-penalty exceptions in consideration of intention, force, status, and age of understanding.382 He reasons that individual and circumstantial factors constitute mitigating factors, both in proceedings to trial, and in pronouncing judgment.383 In reserving judicial discretion, Winthrop seeks middle ground between Cotton’s Code and the alternate draft Body of Liberties.384

Capital Crimes Of the thirty-five capital and/or banishment crimes in the Law of Moses, Cotton’s

376 Cotton’s Code:Ch.I Of Magistrates, Capital or Banishment Crimes; Ch. VIII. No.8. Of other Crimes less heinous Crimes, and causes criminal between our people and foreign nations. Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173-174

377 Haskins, Law and Authority in Early Massachusetts,124-126

378 Life tenure was subject to just cause of removal, as determined by the general court. Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173-174, Ch.I Of Magistrates, citing Kings 2.6

379 And because these great affairs of the state cannot be attended, nor administered, if they be after changed; therefore the counsellors are to be chosen for life. Cotton, An Abstract of the Laws of New England, Collections Massachusetts Historical Society, v. 5, 1798, 173

380 Haskins, Law and Authority in Early Massachusetts, n.84, 266, citing Hutchinson, n.6, at I, 373n

381 Haskins, Law and Authority in Early Massachusetts, 157, n.112, 273, citing Winthrop Papers, iv, 348

382 Haskins, Law and Authority in Early Massachusetts, n.84, 266, citing Hutchinson, n.6, at I, 373n

383 Haskins, Law and Authority in Early Massachusetts, 125-126, n.67; n.84, 266

384 JS Barry, History of Massachusetts, 274-278; Bancroft, History of the United States, i, 417 - 418

74 this family.. Code retains nineteen punishable by death, one by death or banishment, and four punishable by banishment alone.385 Consulters with witches (distinct from practictioners of witchcraft) are subject to either death or banishment.386 Four pure banishment crimes are reserved to (1) such members of the church, as do willfully reject to walk, after due admonition and conviction, in the churches establishment;387 (2) whosoever shall revile the religion and worship of God, and the government of the church;388 (3) Rash perjury, whether in public or in private;389 and (4) Unreverend and dishonorable carriage to magistrates...till they acknowledge their fault and profess reformation.390 Cotton’s Code affirms the nine Mosaic capital sex crimes.391 The single category of incest contains three forms,392 and unnatural filthiness two more.393 In brief: (1) Adultery, including (2) woman espoused, with rape exception to the death-penalty for the woman forced; (3,4,5) incest; crimes of unnatural filthiness including (6) sodomy, which is carnal fellowship of man with

385 Cotton, An Abstract of the Laws of New England, Ch.VII Of Crimes, in Collections Massachusetts Historical Society, v. 5, 1798, 182-182. Social commentator Charles Spear (1844) two centuries later exclaimed “What a dark catalogue! How minute in its delineation of offences! Every avenue of passion seems to have been guarded by a severe penalty.” Spear, Essays on the Punishment of Death, 161

386 Those who consult with witches are distinguished from those who are condemned by its practice, namely, Witchcraft, which is fellowship by covenant with a familiar spirit, to be punished with death. Cotton, An Abstract of the Laws of New England, Ch.VII, No.3-4

387 Cotton, An Abstract of the Laws of New England, Ch.VII, No.7

388 Cotton, An Abstract of the Laws of New England, Ch.VII, No.8

389 Cotton, An Abstract of the Laws of New England, Ch.VII, No.10

390 Cotton, An Abstract of the Laws of New England, Ch.VII, No.13

391 Passing the seed to Moloch, a problematic inclusion in the Old Testament list of capital sex crimes, is not present in Cotton’s list.

392 Cotton, An Abstract of the Laws of New England, Ch.VII, No.19. Cotton may have broadened the death-penalty criterea and tightened the noose, as he defines incest as the defiling of any near of kin, within the degrees prohibited in Leviticus. But the Levitical prohibitions, with three marital forms excepted, prescribe not death but banishment or other less onerous penalties.

393 Cotton, An Abstract of the Laws of New England, Ch.VII, No.20

75 ...Secretly Polluted man or woman with woman,394 and (7) buggery, which is a carnal fellowship of man or woman with beasts or fowls;395 (8) copulation at time of menstruation, pollution of a woman known to be in her flowers;396 and (9) chastity fraud, whoredom of a maiden in her father’s house, kept secret till after her marriage.397 Non-adulterous rape is non-capital: Forcing of a maid, or a rape not to be punished with death by God’s law; but 1st. with fine or penalty to the father of the maid. 2d. With marriage of the maid defiled, if she and her father consent. 3d. With corporal punishment of stripes for his wrong, as a real slander.and it is worse to make a whore, than to say one is a whore. In conformity with the Old Testament, pre-betrothal rape is a slander and theft of repute, filed with Other Crimes less heinous, such as are to be punished with some corporal punishment or fine398 When the punishment for rape is compared to that of fornication the only significant difference is the number of stripes, somewhat fewer in the case of fornication.399 Fornication is punished by

394 Cotton, An Abstract of the Laws of New England, Ch.VII, No.20. Only one known instance of lesbian behavior was prosecuted in the Bay. At Salem in Dec. 1642, mariner Joseph Younge’s (Yong) rude maid Elizabeth Johnson was fined £5 and severely whipped for unseemly [and filthy] practices betwixt her and another maid [attempting to Doe that which man & woman Doe]; also, for stubbornness to her mistress answering rudely and unmannerly; and also for stopping her ears with her hands when the Word of God was read She was also charged with goat neglect and unauthorized pig burial. Records and Files of the Quarterly Court of Essex, Dow (ed.), i, 44; Koehler, A Search for Power, 197, 82, n.41, 103. Historian Norton notes that editor Dow excised significant original text [rejoined in parentheses]. Norton, Founding Mothers & Fathers, 356, n.105, 470-471, citing Esssex Quarterly Courts, Record Boooks, 2d ser., I, f 123 (Phillips Library, Peabody Essex Museum, Salem, Mass.). Perley omits the lesbian charge altogether. Perley, History of Salem, ii, 126

395 Cotton, An Abstract of the Laws of New England, Ch.VII, No.20

396 Cotton, An Abstract of the Laws of New England, Ch.VII, No.21

397 Cotton, An Abstract of the Laws of New England, Ch.VII, No.22

398 Cotton, An Abstract of the Law of New England, Ch.VIII, No.3

399 Cotton, An Abstract of the Laws of New England, Ch.VIII Of other Crimes less heinous, No.4

76 this family.. 1st. With the marriage of the maid, or giving her a sufficient dowry. 2d. With stripes, though fewer, from the equity of the former cause Finally, the punishment of both rape and fornication is virtually identical to the punishment of slander alone.400 First, With a public acknowledgment, as the slander was public. Secondly, By mulcts and fine of money, when the slander bringeth damage. Thirdly, By stripes, if the slander be gross, or odious, against such persons whom a man ought to honour and cherish; whether they be his superiors, or in some degree of equality with himself and his wife.

Body of Liberties of 1641401 By the Magna Charta of 1215 A,D. English Lords place written constraints on Royal sovereign authority.402 The constituional lesson is not lost on Bay Deputies: The deputyes havinge conceived great danger to our state in regarde that our magistrates (for want of positiue Lawes in many Cases might proceed accordinge to their descreations, it was agreed that some men should be appointed to frame a bodye of grondes of Lawes in resemblance to a magna Charta403 In the spring of 1638 the General Court requests that freemen poll their respective towns and submit a list containing404 necessary and fundamentall lawes as may be suitable to the times and places whear God by his providence hath cast us.405 This new third committee is comprised of three magistrates; Winthrop, Dudley,

400 Cotton, An Abstract of the Laws of New England, Ch.VIII Of other Crimes less heinous, No.8

401 Appendix. IV. A

402 Haskins, Law and Authority in Early Massachusetts, 123; Powers, Crime and Punishment in Early Massachusetts, 82, 87, 90. Powers draws specific attention to Article 2 of the Body of Liberties, which provides Equal Protection of the law, and Articles 29 and 30, the right to a jury and trial by peers. Idem, 536-537

403 The Journal of John Winthrop, 146

404 Morison, Builders of the Bay Colony, 229. John Harvard was appointed to the Charlestown committee to consider of some things tending toward a body of laws.

405 Haskins, Law and Authority in Early Massachusetts, 127

77 ...Secretly Polluted Bellingham, and two prominent freemen, William Spencer406 and William Hathorne,407 as well as former barrister, author, and pastor, Nathaniel Ward.408 In November 1639 the committees present separate draft codes to the General Court, one by Cotton, Moses his Judicials; the other by Ward, The Body of Liberties. Riven by economic slowdown, out-migration, belligerent local militias, and an increasing ratio of non-church members to freeman, the General Court rejects both drafts, referring them to yet another committee.409 This fourth committee, consisting of Winthrop, Dudley, and Israel Stoughton, with at least two Deputies drawn from Boston, Charlestown, or Roxbury is assigned to peruse all those modells...and drawe them vp into one body The consolidated draft is put out to the towns for consideration, where elders and freemen are urged in May 1640 to ripen their thoughts & counsells.410 Upon submission to the General Court in November and its ratification on 30 December, the long-delayed Body of Liberties, a written constitution of one-hundred fundamental laws is set for trial. In June 1641 newly elected Governor Bellingham presides over its review and

406 Williiam Spenser (Spencer) was a Newtowne freeman in 1633, town officer and deputy to the General Court in 1634. Pope, Pioneers of Massachusetts, 427

407 William Hathorne (Hawthorne) (1607-1681) arrived with the Winthrop Fleet in 1630 out of Binfield, (Berkshire) England. Banks, Planters of the Commonwealth, 74. He moved either from Dorchester or Lynn to Salem in 1636, rising through various Salem appointments to Deputy, often opposing the Magistrates on a variety of policy issues, but especially firm in his lobby to dump those who failed financially. He was spokesman for the Deputies in 1644; Commissioner to the United Colonies; and later Assistant (1662-1679), having a command in King Philip’s war. Savage, Genealogical Dictionary of New England, ii, 377; The Journal of John Winthrop, 379, n.30, 380, n.33; Lewis and Newhall, History of Lynn, 124; Pope, Pioneers of Massachusetts, 220

408Patronized by Sir Nathaniel Rich, Nathaniel Ward was a graduate of Emmanuel College; in 1633 excommunicated by Laud. He emigrated the next year at the age of 56 to Agawam (later Ipswich), where he lived on the Commons across from John Winthrop Jr., Rev. Nathaniel Rogers, and Richard Saltonstall Jr. “Nathaniel Ward, Lawmaker and Wit” (ch. vii) in Morison, Builders of the Bay Colony, 217-243, 222- 223; The Journal of John Winthrop, 140, n.78; Towns of New England and Old England, ii, 95-69. See also Ward, The Simple Cobler of Aggawam, passim;

409 Morison, Builders of the Bay Colony, 229. Cotton’s support for life tenure for the magistrates, a distinctly unpopular position, may have caused the rejection of his Judicialls. Morison, Builders of the Bay Colony, 227

410 Haskins, Law and Authority in Early Massachusetts, 127

78 this family.. introduction.411 By this code the colony attains and asserts a consensual standard of written, certified, published rules, the fundamental and essential safeguards against arbitrary authority.412 We hould it therefore our dutie and safetie whilst we are about the further establishing of this Government to collect and expresse all such freedomes...And to ratify them with our sollemne consent.413 The Body of Liberties of 1641 certifies rights of conscience, movement, assembly; and lawful due process equally applicable to inhabitants and aliens. It forbids slavery and captivity except by private contract, war, or special government declaration. It forbids arrest and imprisonment without warrant; as well as unusual cruel punishment and torture. It enables bail-bond and protection against double jeopardy retrial Non-governmental economic monopolies and forms of feudal taxation are forbidden, and debtor prisons are abolished. Judicial procedure is simplified to avoid latin legalism and technical pitfalls.414 The death penalty is permitted for 12 crimes.415

Body of Liberties vs. Cotton’s Code The Body of Liberties of 1641 contains 12 Capitall Laws compared to 19 in Cotton’s Code.416 As in Cotton’s Code, each death penalty sentence is justified by specified Mosaic Law, i.e., Deuteronomy, Exodus, Leviticus, and Numbers.417 Capital crimes include (1) heretical worship; (2) witchcraft; (3) blasphemy; (4) willful murder; (5) murder in sudden anger or cruel passion; (6) murder by guile, poisoning, etc.; (7) bestiality; (8) homosexual abomination; (9) adultery; (10) manstealing (kidnapping); (11)

411 The Body of Liberties was subject to a three year trial period. The Journal of John Winthrop, 380; Haskins, Law and Authority in Early Massachusetts, 128, n.98, 267, citing Mass.Records, I 346; Powers, Crime and Punishment in Early Massachusetts, 82, n.20, 578, citing MCR, I, 346, and FC Gray, “Remarks on the Early Laws of Massachusetts Bay, with the Code adopted in 1641, and called the Body of Liberties, now first printed”” in Mass.Hist.Soc.Coll., 3rd series, v.8, 191-237 (1843)

412 Bancroft, History of the United States, v. 1, 416-417

413 Body of Liberties of 1641, preamble

414 Haskins, Law and Authority in Early Massachusetts, 129-130

415 Body of Liberties of 1641, No. 94, Capitall Laws

416 This contrasts with some 150 capital crimes in England. Barry, History of Massachusetts, 276. Despite this overall reduction, only half of the capital crimes enumerated in the Body of Liberties were also capital in England. Powers, Crime and Punishment in Early Massachusetts, 254

417 Exodus is not referenced at all in the Capitall Laws. And no references are found to Numbers in citations accompanying the specific regulation of sex. Body of Liberties of 1641, Nos.7-9

79 ...Secretly Polluted bearing false witness in a capital case; and (12) treason.418 Compared to Cotton’s 9 death-penalty provisions for copulative sex,419 only 3 capital prohibitions in the Body of Liberties are explicitly sexual: adultery, bestiality, and man-man copulation. Rape is not mentioned.420 The Body of Liberties also eliminates from the capital roster three household crimes of disobedience, disrespect and aggression: the persistently rebellious son, swearing at parents, and smiting parents.421

1642 Sex Code Amendments Immediately upon the June 1642 completion of the Humfrey child sex trial two mandatory and one discretionary capital punishment laws are enacted and ordered printed.422 The new amendments to the Body of Liberties stipulate a mandatory death penalty (1) for any man’s unlawful carnall copulation with a female under age ten wth or wthout the girles consent; or (2) if any man forcibly & wthout consent ravishes any mayde or woman betrothed or married. A discretionary death penalty for forcible rape of the unmarried mayd or single woman above the age of ten is enacted. And an additional amendment, fornication with an unmarried woman, provides for punishment by marriage, fine, and/or corporal punishment 423 Alterations, deletions, and enhancements by the General Court over the next seven years lead to a more extensive code, the Laws and Liberties Code of 1648.424 In the

418 Body of Liberties of 1641, Nos. 1-12

419 Winthrop’s sex-crime death penalty deletions from Cotton’s Code included adulterous copulation during betrothal, incest, sodomy, bestiality, and chastity fraud (i.e., the discovery of a wife’s non-virginity at marital sexual consumation). Haskins, Law and Authority in Early Massachusetts,126, n.84, 266, citing Hutchinson, The History of the Colony and Province of Massachusetts-Bay, n.6, i, 373n. See also Winthrop’s discussion of adultery and incest in his 1644 vindication of the Magistrates judicial authority and discretion. Winthrop, “Arbitrary Government Described,” in American Historical Documents, 85-105, 94

420 Body of Liberties of 1641, Nos. 7, 8, 9.

421 Haskins, Law and Authority in Early Massachusetts, n.67, 266

422 See Appendix VI. for full text of sex amendments.

423 Records Massachusetts Bay , ii, 21-22.

424 Haskins, Law and Authority in Early Massachusetts, 128-129; 131, n.121, 267.

80 this family.. absence of Bible authority the child sex amendments are dropped from the new enlarged codification.425 At issue are the most severe mutilative and death-penalty provisions of Puritan law and the integrity of the law itself.

In Sum Death penalty provisions in the Body of Liberties and Cotton’s Code markedly reduce in number and severity those established in English law and Mosaic Law. With respect to marriage and heterosexual copulation, both codes adhere to stringent Old Testament standards. They impose harsh consequences in contrast to English Archdeacon ecclesiastical courts which lightly penalize a broad array of misdeeds including fornication and adultery.426 The death penalty provisions for sexual miscreants in the Puritan Bay are not characteristic of all early New England plantations.427 Plymouth Plantation under Bradford ais manifestly reluctant to enforce a death penalty for adultery.428 Cotton’s Code, never enacted in the Bay, affords a fornicated or raped virgin escape from disgrace and potential whoredom through punitive compulsory marriage.429 In September 1636 servant Edward Woodley is prosecuted for attempting a rape, swearing and breaking into a house. His crimes begets severe punishment, but no mention of death. He is: whiped 30 stripes, a yeares imprisonment, & kept to hard labort w h course dyot, & to weare a Coller of yron. On the following March due to hardship caused his master, Woodley secures release if the

425 Haskins, Law and Authority in Early Massachusetts, 151, n.69, 272, citing Laws and Liberties 6

426 Haskins, Law and Authority in Early Massachusetts, 90, n.44, 256, citing W H Hale, Precedent and Proceedings in Criminal Causes, 1475-1640 (London, 1847), 231, 219-220 Adultery in England was punished by small fines and penances in the Archdeacon Courts, although the High Commission court might not be so lenient, especially in dealing with high-ranking offenders. Idem, 149, n.55, 271

427 Criminal law in Rhode Island and Plymouth featured a more lenient response in accord with moral equtite, Christian redemption, and simplified English regulatory codes and common law traditions, rather than strict adherence to the Mosaic Code. Chapin, Criminal Justice in Colonial America, 6-7

428 In ye case of adultrie, (if it be admitted yt it is to be punished wth death, which to some of us is not cleare.). Bradford’s History “Of Plimoth Plantation.” 463

429 Cotton, Abstract of the Laws of New England, Ch. VIII, 3-4

81 ...Secretly Polluted mayde shall profess her freedome from feare.430 Sex with a child (consensual or not) is not mentioned in the Old Testament. Nor are fornication or even rape of a maiden death penalty crimes in early Massachusetts. Indeed, the Body of Liberties of 1641 forbids any man’s punishment except by expresse law of the Country warranting the same, established by a generall Coiurt and sufficiently published431

430 Records Court Assistants, ii, 64, 65 In 1641Woodley appeared at Salem Court in a suit (slander?) brought by litigious Salem shipwright Richard Hollingworth. Records and files of the Quarterly Court of Essex, March 1641, 26; Phillips, Salem in the Seventeenth Century, 153-154

431 Body of Liberties of 1641. 1

82 this family..

hildren of Wrath C

We all once lived in the passions of our flesh, following the desires of body and mind, and so we were by nature children of wrath, like the rest of mankind.

Ephesians II.3

83 ...Secretly Polluted

84 this family.. Chapter 9. The Eye that Mocketh Terror Incarnate

The Eye that mocketh his Father, and despiseth the Instruction of his Mother, let the Ravens of the Valley pluck it out and the young Eagles eat it. “Duty of Children Toward Their Parents,” The New England Primer432

orcas Humfrey is about 10 yesrs old433 in 1641 when she uncovers her filthiness to half-sister Elizabeth. Her heinous acts commence with the married Daniel D Fairfield from about her age of 7 yeares to about her age of 9 yeares434 Dorcas gradually grows capable of man’s fellowship, taking pleasure in it.435 The widening investigation implicates three older males, sister Sara, and two young brothers. The wedded Daniel Fairfield and Jenkin Davies, former employees of her father, reside in their own homes. Single household servant John Hudson lives on the Humfrey Plaines Farm on the Salem-Marblehead-Lynn boundary. The grown men face the death penalty. All deny intercourse. To prove penetration

432 The New-England Primer, ed. Ford (1897), 21

433 A child to Humfrey-Lady Susan could have been born at the earliest nine months after a 1629 (or 1630 marriage. Named for her mother’s sister, Dorcas was the first female issue of Lady Susan, probably after her known confinement in August, 1631. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 294;l Avery, John Humfrey. Massachusetts Magistrate, 11 Sexual contact with Fairfield was initiated when she was yet not seven, i.e., 1637-1638. Her two year interlude with Hudson began at age eight (1638-1639); her affair with Davies commenced when about 9 years of age (1639- 1640), continuing for about a year until ten years of age (1641). The Journal of John Winthrop, 370

434 Records of the Massachusetts Bay, ii, 12

435 The Journal of John Winthrop, 370-371

85 ...Secretly Polluted Dorcas is physicallly examined.436 Upon search she is found to have been forced.437 The perpetrator is presumed to be Daniel Fairfield who had carnall knowledg of, & so, in a most vile & abominable manner, to have abused the tender body of Dorcas 438 At sentencing on 14 June 1642, mindful of her willing participation in the wicked abuse, the General Court orders Dorcas privately severly corrected.439 Perhaps the non- corporeal sentence is due to her high rank.440 In any event correction intends to supplant erroneous belief441 with conviction, complete and heartfelt confession of responsibility

436 In the witchcraft trial of Mary Bliss Parsons of Northampton (Massachusetts) in 1675, a committee of soberdized, chaste women was appointed by the Hampshire County Court to conduct a physical exam for stigmata, or marks of satanic influence such as moles and “teats” or supernummary [extra] nipple-like appendages. Demos, Entertaining Satan, 10; 271, n.97, citing Hampshire County Probate Records, i, 158-160.

437 The Journal of John Winthrop, 370; Winthrop, ii, 54. In the face of denial of penetration by the defendants, the “finding” of “forced” is crucial. Forced refers absence of hymenal integrity or some other physical stigmata of introital penetration. The use of the word is prejudicial, suggesting both (1) a kind of innapropriate sexual aggression, an “unnatural” crime, and (2) rape.

438 Records of the Massachusetts Bay, ii, 12. This remarkable assertion regarding Fairfield’s confession contradicts Winthrop’s account that Fairfield constantly denied entrance of her body. The Journal of John Winthrop 370. Just what was Fairfield’s confession? The court appears to have combined his confession of sexual play with evidence of pudendal or hymenal penetration gained from physical examination of Dorcas. The Journal of John Winthrop, 370. But in the absence of witnesses and with two other plausible penetrators, how could they determine that Fairfield was the responsible party?

439 Records of the Massachusetts Bay, ii, 13.

440 A year later in New Haven, Martha Malbon, the daughter of prominent Magistrate Richard Malbon, was publicly whipped for yielding to filthy dalliance with lewd servant Will Harding. Two other young girles who had also partaken in uncleane filthy dalliances were similarly punished. The Journal of John Winthrop, 425; Norton, Founding Mothers & Fathers.Gendered Power and the Forming of American Society, 129

441 Haskins, Law and Authority in Early Massachusetts, 209. One notorious failure of admonition and correction was the case of Anne Hibbins, rebuked by the Boston church for accusing several Boston carpenters of conspiring to fix prices and extortion. After six months of church inquiry into her great pride (ignoring husband and church counsel) in 1640 she was excommunicated. In 1656 upon jury conviction, Magistrates’ reversal, and Deputies’ over-ride, Anne was hung as a witch. Demos, Entertaining Satan, 75, n.70; 87-88, n.98, citing “Proceedings of Excommunication,” in Demos, ed., Remarkable Providences, 222-239; Koehler, A Search for Power, 206-207; Records of the Massachusetts Bay, iv, part one, 269

86 this family.. and fault.442 Reprogramming Dorcas falls to two tough Magistrates, Mr Bellingham & Increase Nowell to see it done.443 Initially Dorcas remains in Lynn under the supervision of newly marrried brother- in-law Adam Ottley. Thereafter, in accord with Humfrey’s deference to Gov. Winthrop,444 she resides through March 1644 with Mr Walton,445 Henry Walton of Lynn.446

442 Haskins, Law and Authority in Early Massachusetts, 205-208. The terms correction, re-education, reprogramming, brainwashing, and mind control are increasingly nasty references to the process and putativae effects of outside attempts to durably alter systems of belief.

443 Records of the Massachusetts Bay, ii, 13.

444 I uvnderstand yte you are by Mr Humphrey desired to take care of y dispose of his children. “Thomas Cobbett to John Winthrop,” The Winthrop Papers, in Collections Mass Hist Soc, i(5s), 333-335

445 “Thomas Cobbett to John Winthrop,” The Winthrop Papers in Collections Mass Hist Soc, i(5s), 334. An accompanying footnote suggests “Perhaps Rev. William Walton, of Marblehead, who is supposed to have resided at Lynn for a short time, and afterward went to Manchester. See Savage’s Genealogical Dictionary. —EDS.” Ibid,334 n.‡. Although in 1638 the Reverend Walton was granted 60 acres of Lynn land, by then he was already minister at Marblehead. Baptismal records for his children place him at Hingham in 1636 and Marblehead in 1639, 1641, and 1644. “Rev. William Walton, of Marblehead.,” New England Historical & Genealogical Register, Jan. 1875, citing Essex Court Files, I, 69. Nor does he ever appear to reside in Lynn. Lewis and Newhall, History of Lynn, 173. Perley, History of Salem, i, 298. In 1646 William Walton’s name leads thirty listed men purchasing the Humfrey’s Plaines Farm from William Hathorne for Marblehead incorporation. Cronin, Records of the Court Assistants, iii, 4-5; Perley, History of Salem, i, 298. Secondary sources err in identifying William Walton as the guardian of Dorcus Humfrey. See Overton, Long Island’s History, 42, loosely citing Cobbett’s letter; Cooper, A Dangerous Woman, 84- 86, n.2,173, citing (1) Hubbard’s Narrative,” in Young, Chronicles of the First Planters, 185, n.2; (2) Gerard: “Lady Deborah Moody,” New York Historical Society, May, 1880, 24; (3) Overton, Long Island’s Story,” 41-42; and (4) Flick, “Lady Deborah Moody, Grand Dame of Gravesend,” The Long Island Historical Society Quarterly, i, no.3, July 1939, 72. Young’s footnote addresses only Bay shipbuilding, speaking naught of Walton. Gerard and Overton cite [Cobbett’s] March 1644 letter in the Collections Mass Hist Soc Winthrop Papers. Flick makes no mention of Walton.

446 The earlist identification of Henry Walton as Mr. Walton appears in 1636, when his small canon, a sacre, was pressed into service at Castle Island. The Journal of John Winthrop, 748, n.30. Briefly at Long Island in 1640 [see note below], he appeared at Salem Court in January 1641 where he sued John Blackleech for debt, in the same session at which Lady Moody regained her distrained horse. Quarterly Courts of Essex (Jan 1641), 33. His servant Mary [?] served as a witness in 1641, perhaps the same Mary Bentley, age 26, presented at the Court of Assistants two years later for stealing Mr Waltons jewell of 11s price. Records Court Assistants, ii, 137; Savage, Genealogical Dictionary of New England, i, 169; Pope, Pioneers of Massachusetts, 477. In 1642 the Court of Assistant ordered the return of Henry Walton’s goods uvjustly taken in the business of the sow, part of the six-year legal effort by Elizabeth Sherman to nail Robert Keayne for pig larceny. Upon this contentious bone the representative Deputies gnawed to stifle the negative voice (veto) of the Magistrates in the General Court. Quarterly Courts of Essex (June 1641), 27; The Journal of John Winthrop , 395-398, n.85. Henry Walton appears later in Boston, by 1646 resident at Portsmouth, Rhode Island. Aspinwall Notarial Records, 174; Pope, Pioneers of Massachusetts,

87 ...Secretly Polluted In an advisory missive to Gov. Winthrop, Lynn’s Rev. Thomas Cobbett notes that Mrt Walton is for Long Iland shortly, there to sett downe w my Lady Moody,447 from vder ciuill & church watch, among ye Dutch 448 Cobbett has more than a devout interest, for he has recently endured Henry Walton’s invective.449 But to his muted criticism of Walton acknowledges both the interest of Dorcas in a comfortable placement and the providence of locating a suitable guardian: : albeit Dorcas be wtr him at p sent, yet I suppose you will not assent to his carrying of her with him thither,450 if he should desire it, and wg whome

477; Savage Genealogical Dictionary of New England, iv, 404. In May 1649 Walton petitioned the General Court concerring some powder of his seazed on as forfeited (the case remanded to the next Quarterly Court). Records Massachusetts Bay., iii, 156-157. From 1648-1650 he appeared in both Boston and Providence attesting to legal transactions with Robert Keayne, Roger Williams, and others. Aspinwall Notarial Records, 174, 288, 373, et.al.

447 No account shows any Walton meeting with Lady Moody at Gravesend. Capt. John Underhill receives brief mention. Gravesend Town Records, vol.300, bk., 12, 15 118, Town Meetings, 1646-1653, 10. But Henry Walton did join Underhill and Lady Moody at nearby Flatlands (Amersvort). Underhill in January of 1642 secured a 3 year lease on a house and plantation at Flatlands and Lady Moody sought refuge there in October 1643 when the Gravesend plantation was overrun by hostile Indians. Bergen, Early Settlers of Kings County, 306-307, 207-208. See also O’Callaghan, History New Netherlands, 172-173, 287-290; Cooper, A Dangerous Woman, 102. Posting from Flatlands in New Neatherlands in June 1644, Walton states wee want sufficient strength to carry on our platacion. Absent reference to Lady Moody, he ascribes the suffering of Hempstead founders Mr Fowrdam plantation and goodman Carmens children (Rev. Robert Fordham and John Carmen) to misplaced trust in vnfaithful heathens. “Henry Walton to John Winthrop” (4 June 1644), Winthrop Papers, iv, 460-416.

448 “Thomas Cobbett to John Winthrop” (13 March 1644), The Winthrop Papers, in Collections Mass Hist Soc, i(5s), 333-335.

449 Merchant-trader Henry Walton’s dissatisfaction with the Lynn meeting was long-standing. In 1640 he was part of Capt. Daniel Howe’s small Lynn contingent chased by the Dutch out of west Long Island. Reassembling with Rev. Abraham Pierson, John Gosmer, Edward Howell, Job Sayre, et.al. at Lynn, the group then founded Southampton, Long Island. Lewis and Newhall, History of Lynn, 194.; “Henry Walton to John Winthrop,” Winthrop Papers, iv, 190; 284; Records of Southampton, 8-9. Back in Lynn in 1643 Mr. Henrie Walton was presented at the Salem Court for saying that he had as Leeve to hear a Dogg Barke as to heare mr Cobbett Preach. Quarterly Courts of Essex, December 1643, 59.

450 Why should Winthrop object to Walton’s continued custody? The answer lied in (1) Walton’s association with Lady Moody’s Anabaptist quasi-heretical jurisdiction; and (2) forseeable danger to Dorcas as a result of Indian War in eastern Long Island against both Dutch and English. Winthrop’s troubled relationship with Humfrey likely entered into this equation, but to what purpose and result remains unknown. From Flatlands In June 1644 Walton reflects that Winthrop warned that wee left god and Runne away from ordenances. But he reproves Winthrop for the settler’s plight:

88 this family.. else ye child should comfortably be, I know not, vnless some such like prouidence as this be attended to & improued.451 In Walton’s stead Cobbett recommends adoption by Rev. Timothy Dalton of Hampton.452 Mr Daulton of Hampton, staying at one of our brethrens howses lately, inquired after Mr Humphreys children, offering to take one of ym & to bring it vp as his owne, hauing of his owne but one child. Dalton, well aware that Dorcas had been formerly defiled, &c, weakly argues for custody: yt was indeed some blott vppon her, but yet he would be content to take her, if Mr Huphrereis freinds so pleased.453 Despite Cobbett’s intercession, such disposition is problematic. Dorcas is not mentioned in Dalton’s 1661 will454 nor in subsequent accounts. Neither does Humfrey’s 1646 letter to the senior Winthrop suggest or allow that Dorcas rejoins her father in England. By the scandal of abuse, she is utterly taken away455 Sarah Humfrey is the second daughter of Lady Susan and John Humfrey,456 born in England in1632 or1633.457 Younger by two years than sister Dorcas, she is about 5 in

the hostility of New England will one day answe for, might wee haue had our cconscience yoake free, we had not stirred vnto this day “Henry Walton to John Winthrop” Winthrop Papers, iv, 460-416

451 “Thomas Cobbett to John Winthrop,” The Winthrop Papers, in Collections Mass Hist Soc, i(5s), 333- 335. This letter is dated from Lyn this 13th of yr 1 m: 1643 [March 13, 1644]

452 The motive advanced by Dalton for his child-care offer centered on Humfrey’s service in liberating him from the clutches of the High Commission Court while yet in England. “Thomas Cobbett to John Winthrop,” in Collections Mass Hist Soc, i(5s), 333-335. Dalton also served in the spring of 1641 with Hugh Peter and Humfrey on the Bay commission to Pascataqua to reconcile some differences and prepare them (of New Hampshire) for Bay hegemony. Stearns, The Strenuous Puritan, 149

453 “Thomas Cobbett to John Winthrop,” in Collections Mass Hist Soc, i(5s), 333-335

454 Savage, Genealogical Dictionary of New England, ii, 3; Pope, Pioneers of Massachusetts,129

455 Hubbard, General History of New England (1682), Massachusetts Historical Society, vi, 379; Humphreys, The Humphreys Family in America, 87, n.***, citing Mass Hist Coll , 2d series, v, 380 [Hubbard] and Hutch Coll Papers, 159-160; Savage, Genealogical Dictionary of New England, ii, 496

456 Dorcas and Sara were named after their mother’s younger sisters, Dorcas and Sarah Fiennes-Clinton. For one account of the maiden aunts, see White, Anne Bradstreet: “The Tenth Muse” 51, n.6, citing Inquisition post mortem (397/67), and will of Thomas, Clinton Earl of Lincoln (PCC 90 Parker) cited in Cokayne, complete Peerage, Doubleday and de Walden eds., vii (1929), 696, notes (b) and (c)

457 Sara Humfrey’s birth two years after Dorcas (and perhaps that of brother Nathaniel) may have delayed Humfrey’s departure for New England until 1634.

89 ...Secretly Polluted 1638 when unclean & wicked contact begins at the hands of Daniel Fairfield. Fairfield does abuse himselfe upon ye body of Sara Humfry458 Both Sara and Dorcas are party to repeat wickedness on Sabbath and mid-week lecture days.459 that this wickedness was comitted very often, & most usually by him on the Lords dayes & lecture dayes. 460 Sexual contact is heated, with agitation and effusion of seed.461 Unlike Dorcas, Sara is either not genitally examined for forced entry or shows no sign of penetration. There is no record of imposed admonition or correction. Does Sara return to England with her parents?462 Neither Sara nor her siblings are resident in Lynn in 1644, when there was none in this towne but Dorcas.463 Based on Humfrey’s 1646 letter from England to Winthrop Sr., both sisters are likely still in New England at that date.464 And according to the Earl of Lincoln’s deposition both are still alive in 1652.465

Sibling Dalliance with Dorcas

458 Records of the Massachusetts Bay, ii, 13

459 The frequency of lecture days with large numbers attending called forth an intense dispute. Anne Hutchinson had double weekly-lecture where she drew large crowds, most of them women, up to eighty at once. Earle, Margaret Winthrop, 274. In 1639, John Cotton wrote in his Way of the Churches, that so many lectures were to the great neglect of their affairs and the damage of the public. The General Court and ministers considered but did not act to curb their frequency. Earle, Margaret Winthrop, 268

460 Records of the Massachusetts Bay, ii, 13

461 The Journal of John Winthrop, 370

462 Cooper claims that “two children...climbed aboard” when Humfrey and Lady Susan departed on 26 October 1641. Cooper, A Dangerous Woman, citing Lechford, Plaine Dealing, or Newes from New England vol.3 (3s) (Cambridge, Mass, 1863), p.97. Lechford yields no such information. Lechford, Plaine Dealing, 86, 99, 114, 125. Based on Humfrey’s July 1642 letter to Winthrop Jr., the two girls were then still in the Bay. “John Humfrey to John Winthrop Jr.” 21 July [16]42, Winthrop Papers, iv, 352-353

463 “Thomas Cobbett to John Winthrop,” 13th of yr 1 m: 1643 [March 1644], Collections Massachusetts Historical Society, Series 5, i, 333-335

464 No mention of Sara Humfrey is found in colonial records after 1644. But Humfrey’s 1646 irreparable blow letter to the elder Winthrop recalls those for whom he was readie to suffer anie thing for utterly taken away. This appears to confirm at least some of his children’s continued residence in New England. “John Humfrey to John Winthrop,” 4 Sept.1646, Winthrop Papers,v, 1645-1649

465 “Answer of Theophilus Earle of Lincoln to Mary Humphreys and George Humphreys Complaint,” 6 July 1652, Humphreyes vs. Humphreyes, Middlesex Chancery Court, PRO, C5/187/104. [See Appendix II.D. 2]

90 this family.. Dorcas Humfrey initially discloses sexual involvement with older men. But upon inquiry by Governor Bellingham she admits two of her own brothers to have used such dalliance with her Little more is known, except They were so young, as they could not use any semination466 No brothers are named. The only Humfrey boy capable of semination known to have been in New England from1638-1641 is half-brother John Humfrey Jr., then aged 16-19.467 Prepubertal male sibs include Nathaniel, Theophilus, Thomas, and Joseph Humfrey. Nathaniel is perhaps 7-10 during the dalliance, but never recorded in New England.468 Theophilus is baptized at Salem in January 1637; Thomas follows in August 1638.469 They are respectively aged 4 and 3 at disclosure.470 Infant brother Joseph is baptized in April 1640,471 an unlikely candidate for active dalliance during his first year of his life. Despite their youth the Court refers the two culpable Humfrey boys to private correction.472 All are still alive in 1652 as attested by Theophilus, Earl of Lincoln.473

466 The Journal of John Winthrop, 371

467 The Visitation of Dorset, 1623, 57 [Harl. 1166, fo.9b]

468 Nathaniel Humfrey’s presence in the Bay remains speculative. His age and birth order are tentatively inferred from court filings. “Answer of Theophilus Earle of Lincoln defendant to the Bill of Complaynt of of Mary Humphreys widdow and George Humphreys complts.” (July 6th 1652), PRO C5/387/104. [Appendix II.C ]

469 Theophilus Fiennes-Clinton and his father Thomas, the 4th and 3rd Clinton Earls of Lincoln respectively. Savage, Genealogical Dictionary of New England, ii, 496.

470 White, New England Congregationalism: Early Records of the 1st Church in Salem, 17; Humphreys, The Humphreys Famiily in America, 87

471 Humphreys, The Humphreys Family in America, 87; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 307

472 The Journal of John Winthrop, 371. In 1677 Anstis and Magaret Manning (Maining) of Salem sexually engaged their brother. They were compelled to wear lewd shame signs at Salem town meeting..McManus, Law and Liberty in Early New England, 166, 252 n18, citing Essex Court Records 2:224 (1677). Fearing punishment for his incestuous practises brother Nicholas hastily departed jurisdiction.. In 1682 wife Elizabeth was granted divorce at Ipswich in recognition of his criminal flight, default in support, and sworn disavowel of their marriage. Records Court Assistants, i (1673-1692), 240

473 “Answer of Theophilus Earle of Lincoln defendant to the Bill of Complaynt of of Mary Humphreys widdow and George Humphreys complts.” (July 6th 1652), PRO C5/387/104. [Appendix II.C ]

91 ...Secretly Polluted Chapter 10. Bent to Remove John Humfrey at Bay

The gentleman forementioned (so strongly bent to remove) did, at last, himself go over into England, leaving his children behind, without taking due care for their governing and education474 Winthrop, October 1641

n 1625 John White, prime architect of the Dorchester Company and rector of Trinity Church in Dorchester England, instructs Humfrey I to write to Mr. Roger Conant in their names, and to signify that they had chosen him to be their governor at Cape Ann, and would commit unto him the charge of all their affairs, as well fishing as planting.475 White’s purpose is no less than to establish a religious refuge, founded upon a commercial fishing patent, with its main station at Cape Ann, Massachusetts.476 By 1626 the Dorchester Company is virtually defunct477 Its kay assets are assumed by several investors including White and company treasurer Humfrey, and plans for a new larger venture emerge.478 On 19 March 1628, The Council for New England assigns to John Humfrey479 and five other gentlemen about Dorchester in England representing the newly formed London

474 Winthrop, General History of New England, ed. Hubbard (1682), in Collections Mass Hist Soc, vol. vi, 2nd series, (Boston: 1815), 379-380

475 Humphreys, The Humphreys Family in America, 66, citing Hubbard’s Narrative in Young’s Chronicles, 23-24.; Palfrey, History of New England, v.1, 285-287, n.1, citing Hubbard, Ch. 28. Historian Palfrey questions Humfrey’s lead role in the Dorchester Company’s New England efforts. Idem, 287, n.4

476 The dissident Rev. John Lyford, broadly disparaged the Plymouth meeting, and perverse trader John Oldham were banished in 1624, subsequently invited to Cape Ann. Rose-Troup, The Massachusetts Bay Company and its Predecessors 14; Adams, Three Episodes in Massachusetts History, i, 183-190; Bradford’s History “Of Plimoth Plantation.” 204-228, 236

477 Rose-Troup, The Massachusetts Bay Company and its Predecessors, 13-15

478 The year 1626 also marks a suit by Rev. William Kingsley, Archdeacon of Canterbury (married to Archbishop Abbott’s daughter Damaris) against defendant John Humfrey. “Church Courts: Ecclesiastical Suits, Canterbury Cathedral Archives, DCb/3/3, March 1626. Www.a2a.org.uk/search. It is not known if this is the same John Humfrey under study.

479.Andrews, The Colonial Period of American History, 349, 355; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 294-295

92 this family.. Company of the Massachusetts Bay (Masssachusetts Bay Company),480 a grand patent extending from three miles north of the Merrimack River to three mile south of the Charles River, and from the eastern terminous of the Massachusetts Bay at the Atlantic Ocean to the South Sea.481 Stockholders get voting privileges as “freemen,” and investors of £50 or more get a new world land grant of 200 acres.482 In February 1628 the London Bay Company makes preparation for its initial migration. The newly formed corporation selects John Endecott as fit instrument to begin this wilderness work. With wife, family, and some determined forty souls, he sets sail from Weymouth on 20 June 1628. The 120 ton ship Abigail arrives on 6 September at Naumkeag, renamed Salem. Endecott relieves Roger Conant whose early and continued efforts secured the claim.483 In February 1629 John Humfrey is intreated & doeth prmiss foorwth to deliver 5 Peeces of ordnance Longe sence bowght and Payd ffor to company agent Samuel Sharpe who will fit them with carriage prior to transport.484 Improved title to the land is soon secured. On 4 March 1629 King Charles I, on application from twelve petitioners including Humfrey and five other gentlemen as required by law, confirms the patent with

480 The 1620 New England patent grant under King James I (1566-1625) to the Plymouth Council was reassigned on 19 March 1628 to the Company of Massachusetts Bay in New England, bargaining and selling all their jurisdiction, rights, and privileges to the Massachusetts Bay. Calendar of State Papers, Colonial, 1574-1660, 88

481 Hutchinson, The History of the Colony and Province of Massachusetts-Bay, i, 15-16

482 Rose-Troup, The Massachusetts Bay Company and its Predecessors, 63

483 Roger Conant’s group of nine adult males, the rest servants, wives, and children when added to Endecott’s company made up about sixty persons. A larger body of servants was later sent, and these together with the previously resident “Old Planters” composed about one hundred settlers. Life and Letters of John Winthrop, ii, 25. See also Pew, The Merchant Adventurers of England, 17-20

484 The five pieces of ordnance included two demi-culverin (3000 lbs/each, 10lb shot) and three sackers (1800 lbs/each, 7¼lb shot). Samuel Sharpe received £10/yr to serve as master of ordnance and fortifications at Salem. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 11; 12, n.2; 15. See also Shurtleff, ed. Records Massachusetts Bay, i, 25; Perley, History of Salem, i, 171. Merchant Sharpe was named company Assistant in 1629 at the same time Humfrey was chosen Deputy Governor. Sailing aboard the ship George in April 1629 Sharpe conveyed a copy of the patent and a newly fashioned silver corporate Nova Anglia seal of government to Endecott at Naumkeag.. He was also steward for Governor Matthew Craddock’s private interests, and later church elder. In 1636 he publicly retracted his support of the banished Roger Williams. He died in 1647. Perley, History of Salem, i, 105; 116, n.1; 120-129; 171; 267

93 ...Secretly Polluted a Royal Charter.485 On March 10th Humfrey receives £20 for his efforts regarding the patent change.486 On the same day the King dismisses the 3rd Parliament of his reign, which will not reconvene for eleven years.487 On 28 August 1629 by Agreement at Cambridge England, a cabal within the Bay Company including John Humfrey488 works out the restrive corporate basis for autonomous self-governance in the New World. The agreement stipulates the removal and transfer to New England of the whole government together with the Patent to such freemen stockholders and members of the Puritan congregations which shall inhabite upon the said plantation489 Under the protection of the royal seal, participation in Bay governance is restricted to stockholders and churchmen taking up residence within the bounds of the New England patent. They, and they alone, shall determine the course of the new Bay Plantation490

485 At Westminster on 27 February 1629 confirmation of the patent and a charter of incorporation by the name of the Governor and Company of the Massachusetts Bay in America was made to Sir Henry Roswell, Sir John Young, Thomas Southcote (Southcoat, Southcott), John Humphrey, John Endecott, and Simon Whitcombe (Whetcomb), their heirs and associates. The Royal Charter was officially recorded on 4 March 1629. Support by attorney John White, Sir Robert Rich (Earl of Warwick), and England’s Secretary of State Sir Dudley Carleton (Lord Viscount Dorchester) proved instrumental in securing the charter. Young, Chronicles of the First Planters, 60, n1; Rose-Troup, The Massachusetts Bay Company and its Predecessors, 16-17; Bancroft, History of the United States, v.1, 342; Barry, History of Massachusetts, 158

486 Records Massachusetts Bay, i, 34

487 Earle, Margaret Winthrop, 108

488 Six of the twelve pledges to the Cambridge Agreement were early members of the Massachusetts Company, viz., Sir Richard Saltonstall, William Vassall, Increase Nowell, William Pynchon, Isaac Johnson, and John Humfrey. Palfrey, History of New England, v.1, 302. n.1. Newly recruited signers included Thomas Dudley, Thomas Sharpe, Nicholas West, Kellam Browne, William Colbron, and John Winthrop. Andrews, The Colonial Period of American History, 389

489 The Cambridge Agreement offered protection for a Puritan government on location in distant New England. Although legally suspect, the regulation gained general stockholder assent in Cambridge England on 29 August 1629. Rose-Troup, The Massachusetts Bay Company and its Predecessors, 74; Andrews, The Colonial Period of American History,380, citing Proceedings Mass Hist Society 62:279-280

490 The conjoint stockholder/church-member governance provision of the Cambridge Agreement was generally upheld upon removal to the Bay except for Old Planters. Specifically exempted was Humfrey himself, who had trouble joining the Saugus church. “Mr. Cotton’s to Lord Saye & Sele in the Year 1636,” in Hutchinson, History of the Colony of Massachusetts-Bay, Appendix III, 498; “Certain Proposals made by Lord Say, Lord Brooke, and other Persons of quality” Hutchinson, History of the Colony & Province of Massachusetts-Bay, ed. Mayo, Appendix II,412. [The latter reference denotes Humfrey an “old planter.”].

94 this family.. But who shall seek this refuge? Villagers and tradesmen of the yeoman class are spurred to emigration by promise of land, trade, commerce, and Puritan sectarian liberty,491 a marketing and supply machine in which Humfrey plays a lead role.492 On 18 May 1629 Bay Company Assistants Humfrey and Thomas Adams meet in London to consider what prvisions are fitt to bee now sent over to Capt. Jo. Indicott & his ffamylie, and to prvyde the same accordingly.493 Three days later Humfrey joins Simon Whitcombe, Theophilus Eaton and lawyer John White in a reconstituted committee to establish the final form of oath to be adminstered to the Governor and Council in New England.494 In June 1629 the next wave of emigration swells with six additional ships and three hundred eighty-six men, women, and children to New England, shepherded by Rev. Francis Higginson.495 Higginson is recruited for the task by Increase Nowell, Isaac

See also Emerson, Letters from New England, 192

491 Peacey, “Seasonable treatises: a godly project of the 1630's,” English Historical Review, June 1998, 113 (452):667-680

492 Winthrop, Life and Letters of John Winthrop. 1588-1630, i, 377. The delay at Southampton gave occasion for John Cotton’s Gravesend (England) sermon God’s Promise to his Plantation, which Humfrey had printed in London in 1630 with a preface under his initials. Humfrey then organized the printing of Rev. John White’s The Planters Plea in order that there will easily be removed any scruple of moment concerning the first rise and ends of this enterprise. Winthrop, Life and Letters of John Winthrop. 1588- 1630, 380. n.1, citing Joshua Scottowe, Narrative of the Planting of the Massachusetts Colony (1694), Collections Mass.Hist.Soc., 4th series, iv, 279, 290-295; “Diary of John Rous,” Camden Society’s Pub., 66:53-54; Peacey, “Seasonable treatises: a godly project of the 1630's,” English Historical Review, June 1998, 113 (452):671-672; Young, Chronicles of the First Planters, 16, n.*

493 Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 35

494 The initial 30 April 1629 oath-framing committee in London included Humfrey, Increase Nowell, Herbert Pelham (III), and Thomas Walgrave. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 30, 36

495 Higginson’s Journal of His Voyage to New-England, in Young, Chronicles of the First Planters, 215- 217. Sailing first in April was the 300 ton George Bonaventure with Rev. Skelton and family and the precious cargo of cattle. Also in April the 120 ton, Lion’s Whelp with Rev. Francis Bright, and the 300 ton Talbot transporting 52 planters, 20 pieces of ordinance, 30 mariners, provisions and key ministers Francis Higginson and Ralph Smith. Upon rejection for doctrinal separatism, Smith and family were sent first to Nantasket; then to Plymouth. The Four Sisters; Mayflower, and Pilgrim set out in May. The Mayflower, commanded by Capt.William Peirse [Pierce}, and Talbot carried thirty-five passengers for Plymouth. The main contingent distributed between Naumkeag (Salem) and Charleston. Higginson estimated 300 men, 60 women and maids, twenty-six children, with victuals, arms, tools, and one-hundred and forty head of cattle made the journey. See also “Thomas Dudley to the Lady Bridget, Countess of Lincoln,” in Emerson, Letters from New England, 67; Records Massachusetts Bay 1628-1641, in

95 ...Secretly Polluted Johnson, and John Humfrey.496 In October Humfrey is one of four nominees for Governor,497 and on the 20th of that month the Bay Company’s first elected Deputy Governor, designated as such in meetings through 10 February1630.498 By the Cambridge Agreement, residence in the new Bay Colony is required for participation in the government.499 On 20 March 1630 the third and largest emigrant wave is marked by the 28-gun flagship Arbella proceeding from Southampton to Cowes,500 leading an entourage of some seventeen ships and 1000 emigrants.501 At a March 23rd onboard meetingThomas Dudley replaces Humfrey as Deputy Governor in regard he was to stay behinde in England.502

Humfrey’s Counsel From the plantation’s inception Humfrey counsels Winthrop against separation from the established Church. Writing on 30 December 1630 to quell investor discontent regarding the non-conformist colony, Humfrey warns the Governor of reaction against a schismatic course and advises that: Some new and better satisfaction be given to the good people here that we goe not away for Separation, the apprehensions whereof (against the best assurance and protestation I can make) takes deepe impression.

Transactions and Collections American Antiquarian Society, iii/i, 12, n.3l. Some account find one hundred-eighty servants omitted in Higginson’s estimates. Barry, History of Massachusetts, 165, n.2

496 Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 26

497 Besides Humfrey, nominees for Bay Governor were John Winthrop (elected), Sir Richard Saltonstall, and Isaac Johnson. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 63-64

498 Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 64, 68, 72, 74

499 Andrews, The Colonial Period of American History, 389-391; Rose-Troup, Bay Company and its Predecessors, 18-19

500 Winthrop’s scheduled 29 March 1630 departure from Southampton, Yarmouth, and Isle of Wight seaport Cowes was delayed by adverse winds and rolicking seas until 8 April. The Journal of John Winthrop, 1, n.2

501 The Journal of John Winthrop, 2, n.9, citing Alexander Young, ed., Chronicles of the First Planters of the Colony of Massachusetts Bay (Boston, 1846), 311; Fischer, Albion’s Seed, 14

502 Life and Letters of John Winthrop, ii, 32, 1n., citing “Letter of John Humfrey,” Collections Mass Hist Society, 4th series, vi, 6; Bancroft, History of the United States, v.1, 355

96 this family.. Addressing Winthop’s impetuous nature, he gently chides him lest his bodie, not accustomed to hardness of unusual kindes, & not necessitated unles by a voluntarie & contracted necessitie, should sinke under his burthen, & fall to ruine for want of a more conscionable tenaunt. Humfrey renews his concern over the choice of chilly New England: For the place of fixing your selves, it is sollicitously agitated by manie good and noble friends even it weree best and safest to the South they conclude, as it is warmer & (report gives out) that snow even at Narraganset lies less. He also warns of pending legal claims against the patent in respect to the several titles and pretentions of several men.503 Humfrey also writes to brother-in-law Isaac Johnson504 warning of the Bay’s arbitrary treatment of Old Planters advancing counter-claims505 to the general territory: Jeffries506 is a bad man...handle him wisely and by no means exasperate such spirits. Though Sir tFerdinando 507 neither will nor can do us much

503 “John Humfrey to John Winthrop” (London Dec. 12, 1630) Winthrop Papers, ii, 331-333. See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 298, n.10; Rose- Troup, The Massachusetts Bay Company and its Predecessors, 57

504 Unbeknownst to Humfrey, Johnson had already died. [see note below]

505 Sir Ferdinando Gorges denounced abuses by fishermen and interlopers of natives both to the ordinary mixing themselves with their women, and other beastly demeanors. As a remedy in November 1622 he issued a patent to son Captain Robert Gorges for a coastal swathe 10 miles broad and thirty deep commonly called Messachusiac. Robert settled at Wessagusset (Weymouth) where Thomas Morton later notoriously encouraged trade in sex, alcohol, and weapons with the Indians. Gorges, Briefe Narration of Plantations into America, ch. xxiii in 3 Collections Mass Historical Society vi (1837) 74-75; Bradford’s History”Of Plimoth Plantation.” 285-287. For antidote to the abuse perspective see Morton (ed. Dempsey) New English Canaan, Part 2, ch.7

506 Royalist William Jeffrey of Weymouth was generally considered as one of Ferdinando Gorges’s agents in New England. The Journal of John Winthrop, 535-536, n.6, 8, 11; Rose-Troup, The Massachusetts Bay Company and its Predecessors, 55

507 By his own description, Sir Ferdinando Gorges was the premier New England colonial developer. In continuity with his 1607-1608 ventures for Virginia and 1622 Massachusetts patent to son Roibert,. he authorized the 1629 Bay settlement under the auspices of the Council for New England in London. Gorges, Briefe Narration of Plantations into America in 3 Collections Mass Historical Society vi (1837) 76, 81, 45-94

97 ...Secretly Polluted good, yet he or any may have care to do us hurt.508 And when Thomas Goffe509demands the Bay plantation reimburse his loss, Humfrey, avowing sufferings from him more then anie, calls for speedy resolution and full payment in order to avoid anie occasion given from whence hee or anie may blemish our godly purposes.510 Commanding special confidence, Humfrey channels generous donations of cattle and funds. mr Humfrye brought 16 heifers given by a private friend, viz:mr Rich: Andrewes511 to the planation: viz. to everye of the ministers one, & the rest to the poore...By mr Humfryes means muche monye was procured, & diverse promised yearly pentions.512 Perhaps most important, he musters tangible military support in the form of guns and munitions; and reports public affirmation in England, signs of God’s special favor: he brought more Ordinance, muskettes & powder bought for the public, by moneys given to that ende for godly people in E: [England] begane now to apprehend a special hand of God in raysinge this Plantation.513

508Gorges shared with Humfrey letters in which Jeffrey basely flings thing out. “John Humfrey to Isaac Johnson” (London 9 Dec 1629) Winthrop Papers, ii, 327-330 (also in 4 Collections Mass Historical Society, vi 1-4). He later wrote of his esteem for Humfrey. Gorges, Briefe Narration of Plantations into America, in 3 Collections Mass Historical Society vi (1837) 81

509 Thomas Goffe was a Plymouth Plantation investor who withdrew in 1626. By March 1629, at the time the King’s Charter for the Bay was secured, he was Deputy Governor of the Bay Company in London. In October Humfrey replaced him in that position. Goffe owned vessels in the Winthrop Fleet, but his shipping business tanked and Winthrop was stressed by his failure to meet his venture capital promises and his collateral demands for shipping reimbursement. Records Massachusetts Bay1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, pp. lxii-lxiii. See also Rose-Troup, The Massachusetts Bay Company, 143

510 “John Humfrey to Isaac Johnson” (Londo. Dec: 23, 1630) Winthrop Papers, ii, 337-341, citing 4 Collections Mass Historical Society, vi. 12-16

511 The Journal of John Winthrop, 121. In 1642 Richard Andrews pledged £544 through Hugh Peter to be laid out in cattle, and other course of trade, for the poor. This was a reassignment of the Plymouth colony debt to Andrews which the colony paid in 1643. Stearns, The Strenuous Puritan: Hugh Peter, 162; Rose- Troup, The Massachusetts Bay Company and its Predecessors, 8; The Journal of John Winthrop, 744, n.14

512 The Journal of John Winthrop, 121, n.4, citing MR 1:128

513 The Journal of John Winthrop, 120

98 this family.. Humfrey’s good will and spirit, measured in venture capital, muskets, ministers, and other good provenance,514 as well as his high friends and unflagging labors for the fledgling colony, seem to assure his success in the Bay Commonwealth.515

Special Relations: Puritan Lords and other Factions From his arrival Humfrey serves as point man for the broad colonizing interests of the English Puritan Lords, chiefly the Earl of Warwick, Lord Saye & Sele, and Lord Brooke. He is a founding patentee of the Connecticut plantation, and later recruits for resettlement to Providence Island and the western Caribbean where the Lords anticipate the development of a Central American empire.516 Moderate in religious and political views,517 Humfrey’s early friendship and support of Roger Williams is disrupted by William’s fierce separatism and subsequent banishment and flight to the Narragansett Bay.518 Humfrey’s alliance with Governor

514 By mr Humfryes means muche monye was procured, & diverse promised yearly pentions. The benefactors included the Countess of Warwick, Mr. Paynter, and Mr. Wood among others. The Journal of John Winthrop, 121, n.4., citing RMB, i, 128. “Mr Paynter” might have been Thomas Paynter, Boston joiner and juryman, made freeman in 1630. Rose-Troup, The Massachusetts Bay Company and its Predecessors, 150; Pope, Pioneers of Massachusetts, 340. But Rev. Henry Painter of Exeter, later of the Westminster Assembly of Divines, appears more likely. He courted and married Priscilla Fones, Winthrop’s sister. Winthrop, Life and Letters of John Winthrop, i, 357-360, n.1; ii, 41, 416, n.1. Mr. Wood was perhaps George Harwood, treasurer of the Bay Company Common Stock fund, established on 10 February 1630 for the maintenance of Ministers, Transportacon of poore famylyes, building of Churches & ffortyfycacons, & all other publique & necessary occasions of the Plantacon. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/I, 74. See also Rose-Troup, The Massachusetts Bay Company and its Predecessors, 144

515 The Journal of John Winthrop, 119-120, n.94

516 By 1640 Humfrey had collected between 200-300 potential remigrants from the Bay area ready to go on to Providence Island. Kupperman, Providence Island 1630-1641, 322

517 Two Protestant factions joined in the General Court of the London Company: (1) moderate merchant- traders led by Matthew Cradock, Thomas Goffe, John Venn (later an officer under Cromwell), and Rev. John White and the West Country leaders; and (2) the religious separatist-extremists, most notably the Salem contingent. Andrews, The Colonial Period of American History, 381-382

518 Substantial disagreement among the Assistants may be inferred from the delay attending Roger Williams’ banishment, initiated in the autumn of 1635. All the ministers, with one unnamed exception, concurred in his banishment. The Journal of John Winthrop, 158; Covey, The Gentle Radical, 99-100, 116

99 ...Secretly Polluted Henry Vane, implied in their joint interest in aristocratic colonization of Connecticut,519 is terminated by Vane’s ignominious return to England in 1637, a consequence of his support of Anne Hutchinson in the Antinomian dispute.520 Humfrey plays no known public part in the rebuff and removal of these two most notorious early Bay plantation dissidents.521 Rather he cultivates the friendship and confidence of the moderate John Winthrop Jr.,522 whose peregrinations between Pequot (New London), Agawam (Ipswich), and England reduce the potential for confrontation with his father.523 Humfrey does clash with at least one well-known Puritan independent separatist. In 1632 the ancient 71 year-old Rev. Stephen Bachiler524 establishes the first congregation

519 Henry Vane took the Bay Colony freeman’s oath with Hugh Peter in March 1636. When elected Governor of Massachusetts Bay in May, Vane resigned as agent for the Connecticut (Saybrook) patentees. Stearns, The Strenuous Puritan: Hugh Peter, 100-1011

520 Vane was denied election to the Governor’s Council on 17 May 1637, as well as Coddington and Dummer, also of the Boston faction. Political control of the colony reverted to the elder Winthrop, Dudley, and Endecott of the standing Council. Many of Anne Hutchinson’s supporters hastened for Connecticut; some (including Anne) to Rhode Island. The Journal of John Winthrop, 215, n.82

521 Only William Coddington and William Colbron (Colburn) voted against Anne Hutchinson’s imprisonment and banishment. Erikson, Wayward Puritans, 100. Hutchinson insulted the assembled ministers by requesting they testify under oath. Winthrop and most of the assembled magistrates and ministers considered her revelations delusional, Nowell and Dudley clearly marking Satan as the source. Idem, 95-56, 99; The Journal of John Winthrop 240-241, n.70

522 Relations with Winthrop Jr. melded business and friendship. At London in 1630-1631 Winthrop paid 12£ on mr Humphries beife. “Accounts of John Wintrhop, Jr.” (1630/1631) Winthrop Papers, iii, 4. In June 1632 Humfrey sent a wavd’e sword from London to Winthrop in Boston as a pledge of my love seeking only you doe mee such loving offices as occasaion may inable you further to oblige your allreadie engaged freind “John Humfrey to John Winthrop, Jr.” London 21 June 1632, Winthrop Papers, iii, 81. The waved-bladed sword was thought to slow an opponents’ thrust and cause a reactive oscillation. Perhaps Humfrey even intended to bestow his trusty Brand Into a nobler Warriour’s Hand. Beowulf, Canto XXI. See text and notes infra for Humfrey’s signal interest in swords of power.

523 Although annually elected Assistant, John Winthrop Jr. failed to appear at General Court until March 1638. Like Humfrey, he was periodically truant thereafter. Black, The Younger John Winthrop, 106

524 Rev. Stephen Bachiler (Batchelder , Batchiler, Bachellor) (1561-1656), son of Huguenot (Walloon) refugees, served as chaplain to Thomas Leighton West, Lord de la Warre (Delaware), and ministered for eighteen years at Wherwell. He commenced preaching just prior to the 1588 Spanish Armada’s invasion at Dover, England during the reign of Queen Elizabeth until ejected in 1605 from his livelihood for his Puritan spin. Bachiler was well aquainted with the Winthrop family, and in 1621 could be found as dinner companion of Adam Winthrop (I), Governor Winthrop’s father. Bachiler arrived in New England with his

100 this family.. at Saugus (Lynn), the fifth in the Bay.525 When Humfrey settles there in 1634 he refuses to join Bachiler’s congregation, intending to replace him with long-time friend and associate Rev. Hugh Peter.526 When the reknowned Peter opts for Salem rather than Saugus, Humfrey joins the newly covenanted Salem church in the political bailiwick of zealot John Endecott.527 By 1641 Humfrey’s deeply rooted contention with separatist Endecott528 boils over into the public sphere.529 Humfrey’s political influence is weakened by the Commonwealth rejection of birthright nobility530 and the expanding authority of representative Deputies.531

family and six of his congregation on 5 June 1632 aboard the William & Francis at the ripe age of 71. An avowed separatist and contemptuous of Bay authority, his Company of Husbandmen was linked with Sir Ferdinando Gorges in patent claims to the Sagadahoc region just south of Portland Maine. Winthrop was suspicious of Bachiler who withheld his freeman oath of fidelity until 6 May 1635. Lewis and Newhall, History of Lynn, 139; The Journal of John Winthrop , 69, n.90; Banks, Planters of the Commonwealth, 19, 96; Batchelder, “Rev. Stephen Bachiler,” New England Historical and Genealogical Register, Jan., April, July, Oct., 1892, 22 pages; Victor Sanborn, “Stephen Bachiler.An Unforgiven Puritan,” New Hampshire Historical Society, 1917, 19 pages

525 Lewis and Newhall, History of Lynn, 139, 140, 142

526 The Journal of John Winthrop, 165

527 White, New England Congregationalism: Early Records of the 1st Church in Salem, 16; see also Mass Hist Col , vi, 251

528 In 1629 Endecott chopped down Morton’s May-Pole at Mt. Wollaston and banished Salem brethren John and Samuel Browne for promoting the rituals of the English church. Records Massachusetts Bay 1629-1641, in Transactions and Collections American Antiquarian Society, iii/i, 51-54, ns.2-3. In November 1634 Endecott cut the Cross of St.George out of the Salem militia’s flag. The Journal of John Winthrop, 75; 183-186. Humfrey voted to bar Endecott from governance for one year after the Cross incident, and probably helped draft a letter to friend Downing in England expressing dislike of the thing, & our purpose to punish the offenders. The Journal of John Winthrop, 136, 142, 144-145. In 1636 Endecott commanded the first Bay expedition against the Connecticut Pequot Indians. Humfrey later counseled Winthrop against further Pequot genocide and perpeyual war after the initial massacre. “Humfrey to Winthrop” (7 June 1637), Winthrop Papers, iii, 429-430; Lewis and Newhall, History of Lynn, 168. See also Phillips, Salem in the Seventeenth Century, 125-126, 133-134

529 The Journal of John Winthrop, 346-347

530 “Certain Proposals made by Lord Say, Lord Brooke, and other Persons of quality,” Hutchinson, The History of the Colony and Province of Massachusetts-Bay, Appendix II (ed. Mayo), 412; “John Cotton to Lord Say and Seal” (1636), in Appendix, iii, 496-501

531 John Humfrey’s arrival in 1634 coincided with the empowerment of the freeman to send Deputies to the General Court to make laws. The Court of Assisstants reserved to themselves both the power of origination and veto, an issue which resulted in the establishment of separate legislative branches in 1643. “The Negative Vote,” Proceedings Mass Historical Society, 46:277-285; The Journal of John Winthrop, 354-

101 ...Secretly Polluted Bellingham’s antagonism to lifetime tenure for a small select group of Magistrates and Rev. Nathaniel Ward’s authorship of the Body of Liberties of 1641 emphasize his vulnerability.532 His conflict of interest in an autonomous Connecticut is magnified by his remigration plan for a large contingent from the Bay North Shore to the West Indies.533 A fractious spirit is already evident at Lynn when leaders and landholders opt for Long Island in 1639-1640.534 Yet as late as 1640 Winthrop publicly acknowledges Humfrey as a gifted, energetic, and dedicated advocate and agent for the Bay colony in England; a trusted leader in the early affairs of the Commonwealth535 As Humfrey’s family,536 household and land,537 and public honors enlarge, his debts and declining influence become

362, 510-513

532 In 1644 Ward was nominated by the Essex County faction to order all affairs of the commonwealth in the vacancy of the general court. The Magistrates argued that this would tend to the overthrow of the foundation of our government and the freemen’s liberty. The Journal of John Winthrop, 511-513

533 The Journal of John Winthrop, 346-347

534 Lewis and Newhall, History of Lynn, 192-196

535 The Journal of John Winthrop, 323

536 Rose-Troup asserts that five Humfrey children were baptized between 1636 and 1641. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 298. Savage puts the number at four. Savage’s Genealogical Dictionary of New England, ii, 496; The Journal of John Winthrop, 415

537 Humfrey’s holdings at Swampscot were estimated at about thirteen hundred acres, besides five hundred at Lynnfield, the Ponds Farm. Humfrey also maintained residence at the “east side of Nahant Street, having, in that vicinity, quite an extensive farm.” Lewis and Newhall, History of Lynn, 147, 200-201. Thomas Graves’ map drawn around 1633-1634 shows a large frame home and identifies in Winthrop’s hand mr Humfryes ferme house at Sagus. Morison, Builders of the Bay Colony, inner bindery map; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):248, n.41, 293, citing Proceedings Mass Hist Society, i (2s), 211-216; 253, n.88, 295; Cooper, A Dangerous Woman, n10, 171. For an 1885 rendering of his home, see “wood cut “Departure” in Thompson, Swampscott: Hisstorical Sketches of the Town, 14 Perley’s map of North River division of Salem harbor shows Humfrey with a 4 acre parcel running along Essex St. directly west of the meeting house. Humfrey’s lot (34, 1644) directly adjoins Hugh Peter (35, 1636; 36, 1637) and Edmond Batter across Main (Essex) street (33, 1639). Perley, History of Salem, i, 313-314. Humfrey had a house there and at Lynn while constructing another at the Plaines Farm. “Deposition of Nathaniell Pickman,” in Records Court Assistants, iii, 3; Lechford, Manuscript Note-Book, 249, 355; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):254, n.119, 298, citing Quarterly Courts of Essex, iv, 317. By 1700 Humfrey’s Salem parcel had been divided among eight owners with one house mapped on John Hathorne’s lot and two on Jeremiah Rogers. “Part of Salem in 1700," map assembled by William Freeman from Sidney Perley’s research in Phillips, Salem in the Seventeenth Century, back-page fold-out map insert

102 this family.. manifest.538Humfrey’s extra-colonial adventuring with split loyalties as well as a looming struggle for an anti-monarchical Puritan England present.539 Despite significant efforts and early promise, Humfrey makes final departure from New England on 26 October 1641.540

The Early Years John Humfrey541 is born in 1593 to Michael Humfrey of Chaldon in com Dorset

538 In the blustery chill winter of 1640-1641, they wanted a warmer country, and every Northwest wind that blew, they crept into some odd chimney-corner or other, to discourse of the diversity of Climates in the Southerne parts, but chiefly of a thing very sweet to the pallate of the flesh, called liberty, which they supposed might be very easily attain'd, could they but once come into a place where all men were chosen to the office of Magistrate, and all were preachers of the Word, and no hearers, then it would be all Summer and no Winter. Johnson's Wonder-Working Providence, 1628-1651, 207-209

539 Humfrey’s influential Puritan associations still in England included Theophilus Fiennes-Clinton (4th Clinton Earl of Lincoln); William Fiennes (Lord Saye & Sele); Sir Robert Rich (2nd Earl of Warwick); and Robert Greville (Lord Brooke). With the exception of the penurious Earl of Lincoln, the others were heavily committed colonial promotors and entepreneurs, the “Lords of Providence.” Kupperman, Providence Island 1630-1641, passim

540 The Journal of John Winthrop, 371

541 Diverse renderings of Jo: Humfrey's family name, (e.g., Humfry, Humphrey, Humphreys, Umfrey, etc.) are consistent with spelling permutations of that earlier time. The spelling "Humfrey," as reproduced in his own hand within numerous original documents and letters, is preferred throughout, except where direct quotation from primary sources requires otherwise. The Visitation of Dorset, 1623, signature, Plate VI; and 57 [Harl. 1166, fo.9b]. Rose-Troup avers that “Humfry” is “the spelling adoped by....himself.” Rose- Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, n.1, 293.; see also Humphreys, The Humphreys Family in America, passim; Avery, John Humfrey. Massachusetts Magistrate, 9-10, citing Harleian MS. 1166, fo. 9b

103 ...Secretly Polluted and Dorothy Bawler.542 In 1613 he enrolls at Trinity College, Cambridge, England.543 Two years later he is admitted to Lincoln’s Inn,544 later employed as attorney in the Court of Wards.545 Around 1624 Humfrey invests in the Dorchester Company, a group of spirited adventurers546 led by Reverend John White. Hailing from Dorchester, England these joint stock holders invest in a trade and religious reform settlement in New England.547 With Rev. John White, Simon Whitcombe, and two other newly subscribed

542 Visitation of Dorset, 1623, 57 [Harl. 1166, fo.9b]. Michael Humfrey (Humfry, Humphrey, 15??-1626), was at Corfe Castle in 1615, employed as agent-clerk in the service of Viscount Bindon. In 1623 he was at Chaldon Herring, Dorsetshire, where he served as magistrate and alderman. He died on 3 April 1626 in London, upon which the administration of his estate was transferred by his widow Dorothy Bawler to their only known child, son John Humfrey. The Visitation of Dorset, 1623, 57 [Harl. 1166, fo.9b]; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 293; Avery, 10, John Humfrey. Massachusetts Magistrate, 10, citing New England Historical and Genealogical Register, vol. 61, 280. .For other conjectures, see Humphreys, The Humphreys Family in America, 65-66; Palfrey, History of New England, v.1, 302, n.4

543 Humfrey shared his Trinity College (Cambridge), alma mater with John Winthrop Sr., John Cotton, Thomas Weld, and Hugh Peter. Each was also appointed to the first Board of Overseers for Harvard College. Morison, Builders of the Bay Colony, 189. John Cotton was both student and tutor at Emmanuel College, also attended by John Harvard, Thomas Hooker, Thomas Shepard, Samuel Stone, and John Wilson. Shelley, John Harvard and His Times, 196. An estimated 50% of the first generation New England elite studied in one of three select Cambridge Colleges; Emmanuel, Magdalene, or Trinity. Thirty percent attended Emmanuel. Fischer, Albion’s Seed, 39-41 39; n.3, 39

544 Rose-Troup, “John Humfry,” The Essex Institute Historical Collections 1929, v. 65, 293. Based on “Wall’s research,” Bremer questions Humfrey’s presence at Lincoln’s Inn, but neglects Rose-Troup’s 1927 assertion which includes the year (1916) of Humfrey’s admission to Lincoln’s Inn. Bremer, John Winthrop, 436, n.59. [No source citation, perhaps Robert Emmet Wall’s 1972, Massachusetts Bay:The Crucial Decade, 1640-1650]

545 Newton, The Colonising Activities of the English Puritans, 45. See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 293; Haskins, Law and Authority in Early Massachusetts, n.72, 260. Humfrey’s 1653 estate account confirms without establishing the date(s) of his Court of Wards service. Public Record Office C5/387/126. See Appendix III C 3. Accounts Arrears due from Court of Wards. A 1645 Ordinance to settle Pensions on the Servants of the King’s Children in the amount of 400£/yr to John Humfrey Esquire out of revenues of the Court of Wards is confirmatory; but does not resolve the question of Humfrey’s putative late 1620's Court of Wards affiliation. House of Lords Journal, 8 (4 December 1645) in Journal of the House of Lords, vol. 8, 1802, 23-28

546 Adventurers were the venture capitalists of their day. Kupperman, Providence Island 1630-1641, n.1, 3. Technically speaking, adventurers provided the vessel; undertakers the supplies Morison, Builders of the Bay Colony, n.1, 25. More than mere outside investors, their joint-stock holdings permitted a direct role in company policy. In some instances, as with Humfrey and Isaac Johnson in the Bay, adventurers participated with their persons in the emigration and governance of the new colony.

547 John Humfrey may have been related to a different older John Humphrey, an adventurer active in the East India Company from 1600 through 1609. Humphreys, The Humphreys Family in America, 65-66

104 this family.. Dorsetshire members of the Massachusetts Bay Company, Humfrey in July 1628 witnesses a codocil in the will of haberdasher Richard Bushrod, burgess of Dorset 548

Humfrey’s Pre-New England Marriages Humfrey first weds Isabelle Williams, daughter of Elizabeth Churchill and Brune Williams. The marriage ends with Isabell’s death sometime before 4 September 1621.549 On that date the 24 year old Humfrey weds 17 year-old Elizabeth Pelham (I),550 daughter of Herbert Pelham (I) of Compton Valence and Elizabeth West,551 thereby cementing his relationship with the influential Pelham clan.552

548 Merchant William Darbie and glover George Way were the other two witnesses. J Fauntleroy, WB Marye, “Bushrod” William and Mary College Quarterly Historical Magazine 16(2) April 1936, 320. For the “Dorchester Group” of the Massachusetts Bay Company, see Rose Troup, The Massachusetts Bay Company, 20-21, 162

549 The Visitation of Dorset, 1677, 53. Isabelle Williams was eldest daughter to Brune Williams and Elizabeth Churchill. She married Joh: Humphrye of Choldon in com Dorset [date unrecorded].The marriage of Brune Williams and Elizabeth Churchill produced five sons and seven daughters. Isabelle’s mother was daughter of John Churchill of Corton in County Dorset. Her father Brune was sone & heyre of John Williams of Tynan in Isle Purbeck. Her grandmother, Jane Bruen, was daughter of Sir John Bruen of parish Rowner in County South (Hampshire). ”Williams,” The Visitation of Dorset, 1623 [Harleian 1166, folio 73b], 98-99

550 Absent place and date, Humfrey’s marriage to Elizabeth Pelham (I) (1604-1628) was recorded in both the 1623 Dorsetshire “Humfrey” and “Pelham” pedigrees.separately attested by Humfrey (then aged twenty six), and Elizabeh’s brother Thomas Pelham. The Humfrey register mistakenly scribes John Humfrey in Chaldon in com. Deuon, i.e., County Devon (Devonshire), rather than Dorset. [“sic” by editorial note]. “Humfrey,”The Visitation of Dorsetshire, 1623 [Harleian 1166, folio 9b], 57. The Pelham pedigree attests that Elizabeth married Humfrey of Charlton (which is in Devon) in Com. Dorset. “Pelham,” The Visitation of Dorsetshire, 1623, {Harleian 1166, folio43b], 75. The next Dorset Visitation (1677) lists their marriage at Salisbury on 4 September 1621. “Pelham,” The Visitation of Dorsetshire, 1677, 53-54, n.3, citing “Ancestors of the Averys, of Groton, Connecticut,” The American Genealogist, xv (1939), 122-125

551 Herbert Pelham (I) (1546-1620) of Compton Valence in 1565 married (1) Katherine (Catherine) Thatcher (Thacher, Thacker) (1550-1593). In 1594 Pelham married (2) Elizabeth West (1573-1633), daughter of Ann Knollys andThomas Leighton West (1556-1602), 2nd Lord de la Warre.This second marriage had as issue Elizabeth Pelham (I) (1604-1628) who married Humfrey on 4 September 1621. The Visitation of Dorset, 1623, 75; The Visitation of Dorset, 1677, 53-54

552 Two other sibling of Elizabeth Pelham (I) married in 1621. On 3 May 1621 sister Ann Pelham (1602- 1630) married Edward Clarke clerk of Dorchester, England. On 3 September 1621 brother Thomas Pelham (1597-1674) received a license to marry Blanch Eyre (Ayre) of New (now “Old”) Sarum (Salisbury). “Pelham,”The Visitation of Dorsetshire, 1677, 53-54. Humfrey-Elizabeth Pelham (I) and Thomas Pelham-Blanch Erye held a concurrant wedding on 4 September 1621 at St. Thomas Church in Salisbury, Wiltshire. Nicholson, “The Parentage of Thomas Humfrey of Dover, NH and Kennebec, Maine”

105 ...Secretly Polluted Son John Humfrey Jr., born in 1622, is their first child.553 Elizabeth Humfrey, named for her mother, arrives in 1623.554 Next is Ann Humfrey, named for her aunt, in late 1625.555 Perhaps another daughter is born to the couple.556 On 24 April 1626 Humfrey is granted administration of his father Michael’s will with the consent of his mother Dorothee.557 In October Humfrey’s nephew by marriage to Elizabeth, Rev.Herbert Palmer, thanks Rev. John Cotton for letters he receiued by my Vncle Humfrey.558 Humfrey’s wife Elizabeth Pelham (I) passes on the first of November.559 In 1629, facilitated by his associations in formation of the London Bay Company

[Private communication]

553 In 1623 only John Humphry filius et haeres aetat.1 [John Humfrey son and heir age one] is listed under the John Humfrey - Elizabeth Pelham (I) marriage. “Humfrey,” The Visitation of Dorsetshire, 1623, 57 [Harleian MS. 1166, fo. 9b

554 Elizabeth Humfrey (I) was born or baptized on 23 November 1623 at Fordingham, Dorset, England. Colket, “The New England Children of Theophilus, Earl of Lincoln,” The American Genealogist, No. 58, Oct. 1938, xv(2):123, citing Notes and Queries for Somerset and Dorset, vols. 17, 19; the revised Complete Peerage, vol. 7, sub Lincoln with notes

555 Ann Humfrey was baptized on 17 December 1625 in Fordingham (Fordington), Dorsetshire, England, daughter of John Humfrey and Elizabeth Pelham (I). Colket, ibid.; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 293, n.2

556 The Journal of John Winthrop, 415; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 293, n.2.

557 Humphreys, Abstract of Wills and Memoranda Concerning the English Humphreys, 17, citing Administration Acts [Books, Prerogative Court Canterbury; PRO/PRO6] 1625-1627 fo: 21

558 “Herbert Palmer to John Cotton,” October 25, 1626, Bush (ed.), The Correspondence of John Cotton, 113-115, citing ALS.MS: MSA, CCXI, Hutchinson Papers, I, fol.5 in L. Thompson, “Letters of John Cotton,” 43-46. Herbert Palmer’s mother, Margaret Pelham, was Elizabeth Pelham’s (I) half-sister and daughter to Herbert Pelham (I) and Catherine (Katherine) Thatcher. Margaret married Sir Thomas Palmer of Wingham, Kent. Idem,.115, n.2; “Pelham,” The Visitation of Dorsert, 1677, 51. In 1626 Rev. Herbert Palmer (1601-1647) was fellow at Queen’s College, Cambridge. Before his death this moderate Presbyterian helped prepare the influential Westminster Shorter Catechism. Bush, idem 113, Bremer Congregational Communion, 136, 142. Palmer’s reference to my Vncle is the earliest recorded Humfrey - Rev. Cotton link.

559 The Visitation of Dorset, 1677, n.3, citing Visitation of Dorset.1623 and “Ancestors of the Averys, of Groton, Connecticut” The American Genealogist, xv, 1939, 122-125

106 this family.. and instrumentality in printing Rev. John Cotton’s sermons,560 Humfrey marries Lady Susan Fiennes-Clinton,561 sister to Puritan noble Theophilus Fiennes-Clinton, 4th Earl of Lincoln. The marriage cements Humfrey’s gentleman status and influential position in Puritan plantation affairs.562 Delaying his departure for New England from 1632-1634 are a new set Humfrey children aborning (Dorcas, Sara, and Nathaniel);563 his recruitment, money and munition-raising; and legal defense of Bay interests and the Bay Patent.564

Humfrey’s work in England: 1629-1634 Forsaking London merchant Thomas Goffe’s house in mid-late 1630, Humfrey

560 Humfrey’s role in publishing Cotton’s writings in 1626 augmenteded Humfrey’s proximity to the Fiennes-Clinton clan. See White, Anne Bradstreet, “The Tenth Muse” 91-91; and Cook, Lincolnshire Links, 37-38. [beware of dating errors]

561 Humfrey’s association with Lady Susan certainly dates from before 20 April 1628, as at that time he witnessed her brother-in-law Isaac Johnson’s will. The Humphreys Family in America, 74, n.‡, citing Mass Hist Coll, 4th s., vol. VI., 20-28 (Winthrop Papers). By 9 December 1630 letter Humfrey referred four times to Johnson in endearing relational terns as dearely respected & much honoured brother,...good brother,...sweet brother. Humphreys, The Humphreys Family in America, 74-75. Johnson died on 30 September 1630, but the news had yet to reach Humfrey in England. By August 1631, but perhaps earlier [see note infra], Susan was an expectant mother. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 295

562 Most American historians follow Winthrop in calling her “Lady Susan.” The Journal of John Winthrop, 119, n.94; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 294; Savage, Genealogical Dictionary of New England, ii, 496; Lewis and Newhall, History of Lynn, 147; Perley, History of Salem, i, 196-197; Avery, John Humfrey, Massachusetts Magistrate, 9; Humphreys, The Humphreys Family in America, 78; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):252. Several English and American historians, likely working from mistaken English sources, call her “Sarah,” the name of Susan’s sister. Morison, Builders of the Bay Colony, 65; Fischer, Albion’s Seed, 43a, genealogic chart and note, citing Sources: AM Cook, Boston (Boston, Lincolnshire, 1948), HA Doubleday et. al. The Complete Peerage (London, 1929); and genealogical materials in LINCRO. See also White, Anne Bradstreet: “The Tenth Muse” 51; Cook, Lincolnshire Links, 36-38

563 “Answer of Theophilus Earle of Lincoln defendant to the Bill of Complaynt of of Mary Humphreys widdow and George Humphreys complts.” (July 6th 1652), PRO C5/387/104. [Appendix II.C.2.a.; also notes infra]

564 The Journal of John Winthrop, 68. At the General Court in Boston, both William Coddington and John Humfrey were chosen Assistants because they were daylye expected. Idem, n.85. Coddington arrived from Boston, Lincolnshire in the Winthrop Fleet of 1630; returned to England in 1631 to fetch a new wife; and appeared again in the Mary & Jane in 1633. The Journal of John Winthrop, 48, n.91; 89-90; Banks, Planters of the Commonwealth, 105

107 ...Secretly Polluted takes up residence next to Dr. Dennison’s565 by Kree Church.566 Writing from London In August 1631 Humfrey addresses John Winthrop Jr at the Dolphin Mr Humfries House in Sandwich, England.567 In this missive Humfrey alludes to their ever-so-brief brief meeting terminated by his own hasty return to London for no so great cause at home my wife yet holding up.568 For the next three years, Humfrey appears absorbed in trans-Atlantic trade,569 advisory religious meditations,570 official correspondence, and Bay company recruitment,

565 John Winthrop’s classmate at Trinity College (1602-1606), Rev. Stephen (Steven) Dennison (Denison) was curate (1622-1650) at London’s St. Katherine Cree church at Alegate (Cree/Kree/Christ Church) on Leadenhall street. In 1627 Dennison denounced lay preacher Hugh EtEtherington for heresy, anabaptism, and familism. In 1629 he ratted-out Rev. Philip Nye to the Court of High Commission for teaching a sanctification gained through self-assured conviction absent doubt, the same antinomianism revived by Anne Hutchinson and her followers in the Massachusetts Bay. Lake, The boxmaker’s revenge, 272-280; Michael Winship, “Anglo-American Puritanisms,” Journal of British Studies (January 2000), 39(1):81. See also Bremer, John Winthrop, 277. Dennison’s insistence upon spiritual presence rather than material grandeur, got him in hot water with Laud who rehabbed Cree church under the tutilege of reknowned Catholic architect Inigo Jones. Lake, ibid., 346-348. That church still holds the 17th century organ upon which Henry Purcell (1658-1695) likely performed Pelham Humfrey’s sacred compositions. [Speculation mine] See, Bridge, Twelve Good Musicians, 101-104, 124-126

566 “Jo: Humfrey to Isaac Johnson” London, 23 December 1630, Winthrop Papers, ii (1623-1630), 340; 4 Coll Mass Hist Society, vi, 10-12

567 “Jo: Humfrey to John Winthrop, Jr.” 18 August 1631, Winthrop Papers, i (1498-1628), 49; 3 Coll Mass Hist Society, ix, 232-233. Humfrey may have retained rooms at the Inn, but the inference that this was Humfrey’s private residence is infered by subsequent historians. Humphreys, The Humphrey Family in America, 76; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 295. The popular Dolphin Taverne on Tower street was later frequented by Restoration Admiralty Secretary Samuel Pepys and cronies including Admiral (Sir) William Penn, for great fish dinner, the best music, dance, games and other convivial delights. One inebrious night Pepys took pleasure to take the forfeits of the ladies by kissing those who refused to answer queries in games of truth or consequences; on another he took delight in the boys in the streets flying their crackers. The Diary of Samuel Pepys, 1661 (4 Feb., 15 March, 5& 21 Nov.); 1666 (4 Sept.). See also 1661 (14 Feb., 2 April, 1 Nov., 12 Dec.); 1662 (1&10 Nov.), 1664 (22 Dec.); 1665 (7&20 June; 4 July); 1688 (30 April)

568 Lady Susan approaching term? Or otherwise ill? This passage designates a home in London, whereas the address refers to a second at Sandwich.

569 Humfrey’s early merchant-trade interests were signaled by his role as treasurer and secretary for the failed Dorchester trading Company. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 294, 296. His private trading continued while a member of the Massachusetts Bay Company, sometimes even to great loss, as in his 1632 fish misadventure with intrepid Puritan mariner Captain William Peirce. The Journal of John Winthrop, 89

570 “John Humfrey to John Winthrop Jr” (18 August, 4 November 1631) 3 Coll Mass Hist Society, ix, 233- 237

108 this family.. military planning, pamphlet publication, and legal defense.571 On 19 December 1632 the King’s Privy Council is agitated by presumed agents of Sir Ferdinando Gorges who claim rampant Bay abuse of authority.572 Testifying against the Bay are alleged bigamist-Romanist Sir Christopher Gardiner,573 the mutilated Philip

571 In May of 1629 Humfrey and Mr.Thomas Adams were appointed by the Bay Company in London to meete and consider what prvisions are fitt to bee now sent over to Capt. Jo. Inicott & his ffamylie, and to prvyde the same accordingly. Records Massachusetts Bay 1628-1641, in Transaction & Collection American Antiquarian Society, iii, prt.1, 33. On 29 September 1630, Massachusetts Bay Company officials including Humfrey, treasurer Samuel Aldersey, and merchants Matthew Cradock and Nathaniel Wright petitioned the Privy Council to permit emergency provisions for the distressed Bay colony and renew the license and gun control requirements for Indian trade. Calendar of State Papers, Colonial, 1574-1660, 120-121. In the early 1630's, Richard Lane was agent at Providence Island for the planting and promotion of the hot commodity madder, a dye which produced a variety of expensive purple tones. Madder was viewed as a potential alternative to the export of the Puritan anethema, tobacco, from Providence Island. Calendar of State Papers, Colonial, 1574-1660, 202; Kupperman, Providence Island, 1630-1641, 86-87, 91. An August 1631 letter from CaptainThomas Wiggin to Master Downing in defense of the Bay Charter divulges that: Lane, a merchant tailor, who has been in the West Indies, will talk with Mr. Humphreys concerning a certain staple commodity, which he desires to plant in New England. Calendar of State Papers, Colonial, 1574-1660, 155. In 1639-1640 Lane fomented opposition to Providence Island Governor, Captain Nathanie Butler, paving the way for Humfrey’s own appointment to that post. Idem, 285

572 Gorges blamed unbridled spirits...fuller of malice than reason, holding the established Church government in such scorn and contempt that surrender and repartition of the grand patent was required to protect his own good name and further the colonial enterprise.. Gorges, Briefe Narration of Plantations into America, in 3 Collections Mass Historical Society vi (1837) 82, 45-93

573 The Journal of John Winthrop, 51, n.4, 88. In a 1632 letter to Emanuel Downing, Capt.Thomas Wiggin of Pascataqua (NH) derides Sir Christopher Gardiner, suggesting some means to stop his mouth having most scandalously and basely abused ”that worthy Governor Mar. Winthrop.” Wiggin identifies Isaac Allerton as Winthrop’s informant. Wiggin, Calendar of State Papers, Colonial, 1574-1660, 155, 156. Gardiner was not only considered Sir Ferdinando Gorges’ agent/spy, but a Jesuit “knighted” by the Pope, and a thieving bigamist (alleged by wives testifying in London to Capt. Peirce in the presence of Isaac Allerton). “Thomas Dudley to Lady Bridget, Countess of Lincoln,” in Emerson (ed.) Letters from New England, 80. The complaint of banished lawyer Thomas Morton, linked to the unworthy Gardiner and mutilated Ratcliffe, was heard by a committee of twelve Lords. Upon testimony from Humfrey, Matthew Cradock, Sir Richard Saltonstall, Emanuel Downing, and Wiggin, the Lords in 1633 rejected the charges with the approbation of King Charles I. Adams, Three Episodes in Massachusetts History, i, 264-67

109 ...Secretly Polluted Ratcliffe,574 and accused licentious poet and gun-runner Thomas Morton.575 Sparked by their representations, in 1633 the Commission for Foreign Plantations threatens to revoke any operating permit sequestered on the Bay side of the North Atlantic. Chaired by William Laud, Archbishop of Canterbury, the Commission demands the Bay patent be returned for examination.576 On 26 June 1633 Humfrey charges the realigned patenting authority, the Council for New England, with detaining outward-bound Bay Company ships and passengers. Council head Sir Ferdinando Gorges sharply rebukes Humfrey, claiming the delay was by order of the Lord Treasurer acting through Customs under terms of the corporation permit. Gorges renews demands that the Bay Company surrender the patent.577 Humfrey replies the said patent was now in New England, and they had oftentimes written for it to be sent, but as yet they had not received it.578 Laud’s Plantation Commission derides Humfrey and Matthew Cradock, Governor of the

574 The appearance of mutilated servant Ratcliffe, deprived of his ears, was central to the Commission’s claim of Bay abuse of authority and the issuing of the Quo Warranto. Morton, New English Canaan (ed. Dempsey), Part 2 Thomas Morton, 272

575 The Journal of John Winthrop, 39, n.47, 535-538; Morton, New English Canaan (ed. Dempsey), Part 2 Thomas Morton, passim

576 The Journal of John Winthrop, 120, n.98

577 Rose-Troup, The Massachusetts Bay Company and its Predecessors, 52-53, n.8, citing Records of the Council for New England (Deane), 59. Gorges sought the patent recall in order to reassign colonial provinces and settle New England governance upon his own shoulders. After 1635 he appeared willing to accept the Bay boundary if not Bay authority. Thurlowe, Calendar of State Papers, Colonial, 1574-1660, 180, 193

578 Palfrey, History of New England, i, 400. The Bay government simply held on to the patent, in late 1634 employing emissaries Edward Winslow (Governor at Plymouth in 1633, 1636, and 1644) and John Winthrop Jr. to defend its interests and promote continued Bay immigration. The Journal of John Winthrop, 123, n.9; Black, The Younger John Winthrop, 78, n.3. When Winslow sought expanded New England authority to block French and Dutch colonial interests, Sir Ferdinando Gorges hired attorney Morton to defeat Winslow’s request. Morton appealed to Archibishop Laud by disparaging New England’s anti-Anglican doctrine which claimed civil authority over marriage. Magistrate Winslow, who had officated at Plymouth marriages, was thus detained four months in an English gaol. Morton, New English Canaan (ed. Dempsey), Part 2 Thomas Morton, 273-275; Bradford’s History “Of Plimoth Plantation.” 390-393

110 this family.. Bay Company in London, as imposterous knaves.579 Shortly thereafter on 27 April 1634 Humfrey departs England from Weymouth aboard the ship Planter of London mastered by Nicholas Trerice.580

Humfrey in New England: 1634-1641 Participating in a renewed wave of immigration, Humfrey arrives in Charlestown Massachusetts in June 1634.581

579 According to Morton, Laud and the Lord Privy Seal (Thomas Coventry) maligned Humfrey and Cradock as a couple of imposterous knaves. Morton continues, so that .for all their great friends, they departed the council chamber in our view with a pair of cold shoulders...as for Ratcliffe, he was comforted by their lordships with the cropping of Mr. Winthrop’s ears Morton, New English Canaan (ed. Dempsey), Part 2 Thomas Morton, 271; Adams, Three Episodes in Massachusetts History, 277-279, n.1. Morton prematurely celebrated his victory in a jubilent May 1634 post to former buddy My Very Good Gossip William Jeffrey of Wessagusset (Weynouth), who promptly forwarded the letter to Governor Winthrop. A decade later the letter served as “evidence” for Morton’s imprisonment for sin and sedition at the age of sixty-nine. The Journal of John Winthrop, 124, 536-538, n.14; Morton, New English Canaan (ed. Dempsey), Part 2 Thomas Morton, 269-272, 310-312

580 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 295, citing Whiteway, Diary, f. 201. Passage normally might take five to eight weeks. The Journal of John Winthrop, 147. Nicholas Trerice (Travyse, Treroise, Trarise) of Wapping England was long-time master of the Planter, a ship of 350 tons out of London. He settled at Charlestown around 1635, with other passengers (some also from Wapping), later moving to Woburn, probably before 1640. Banks, Planters of the Commonwealth , 140; Pope, Pioneers of Massachusetts, 401; Lechford, Manuscript Note-Book, 225, n.1. Successfully engaging in the tobacco trade with Old Planter-trader Samuel Maverick, in 1638 Trerice he became embroiled in a dispute over the disposition of 493£ in gold from one Hybbins or Libbins received for the financing of the 1638-1639 passage from London of the Planter with 180 passengers. Calendar of State Papers, Colonial, 1574-1660, 274-275. When William Hibbins sued Trerice for recovery of the gold, a contentious dispute broke out between Gov. Winthrop and Richard Bellingham (Hibbins brother-in-law) over the Winthrop’s authority to limit discussion within the ruling Bay Council. The Journal of John Winthrop, 312, n.24, 25;

581 Under date of July 1634 Winthrop records Humfrey’s arrival within the last month. The Journal of John Winthrop, 119. Rose-Troup has him arriving in July. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 296. Perhaps on the same authority, historian Charles M Andrews identifies 1June 1634 as the arrival date. Andrews, The Colonial Period of American History, 415. Within one year the same ship Planter made another round-trip, embarking from London around 10 April 1635 and arriving at Boston on the Sabbath 7 June 1635 along with a fleet of six other ships and four more in the preceding six weeks. Banks, The Planters of the Commonwealth, 139, n.1, citing Public Record Office MSS., and Drake: Founders, 15-21; The Journal of John Winthrop, 147. In 1638, engaged by partners Maurice Thomson, Joshua Foot (London ironmonger), and others, Nicholas Travyse of Wapping, mariner...Was to go master of the Planter to New England with about 180 passengers. Calendar of State Papers.Colonial, 1547-1867, 274-275, 225; Pope, Pioneers of Massachusetts, 171

111 ...Secretly Polluted The last month arived heere 14: great shippes & one at Salem, mr Humfrye & the Lady Susan, his wife, one of the E: of Lincolns sisters. Humfrey is accompanied by wife Susan, eldest son John and daughters Ann, Dorcas, and Sarah.582 The well-connected colony organizer, provisioner, and publicist debarks at Charlestown in 1634, then moves to Saugus.583 The family settles on Swampscot Farm in East Saugus, across woods, marsh and bay, twelve miles from Winthrop in Boston.584 Humfrey first appears at General Court on August 5, 1634 when he takes depositions with Increase Nowell.585 In that same year Winthrop reports gifts from Humfrey of ruggs, suits, shoes & hoose valued at more than £50.586 Humfrey is assigned with Endecott to presse any other carpenter to assist Abraham Mellows in the construction of carridges for transport.587 In May 1635 Humfrey is appointed with Endecott, Capt. Turner, and Capt. Trask to set out the bounds of Ipswich and Quascacunquen for the settlement at Newbury (Merrimack),588 a plantation largely

582 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 295; Savage, Genealogical Dictionary of New England, ii, 496

583 Humfrey’s large estate and residence was initially at Saugus (Lynn), as demonstrated by a 1633-1634 map drawn for Winthrop which clearly identifies Humfryes ferme house at Sagus. Morison, Builders of the Bay Colony, end-papers; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):248, n.41, 293, citing Mass Hist Soc Proc, i (2nd s), 211-216. In January 1637 Humfrey joined the Salem meeting, and had a plot of land and likely a house in old Salem fronting on the main street and just off the bend in the South River. Perley, History of Salem, i, 312-313, “Layout of the Town,” lot No. 34 (1644)

584 Hutchinson, The History of the Colony and Province of Massachusetts-Bay, 15; Lewis and Newhall, History of Lynn, 147, 200-202. Rumney Marsh is now part Chelsea, part Saugus (Lynn).

585 Records Massachusetts Bay 1628-1641, i, 122-123

586 Records Massachusetts Bay 1628-1641, i, 130-131

587 Records Massachusetts Bay 1628-1641, i, 137. Abraham Mellows invested 50£ in the Bay Company, arrived in 1630, settling at Charlestown where he was a town officer. He passed in 1638. Pope, Pioneers of Massachusetts, 310

588 Records Massachusetts Bay 1628-1641, i (May 6, 1635), 146. In 1633 Merrimacke (Newbury) was described as sparcely inhabited and above all the best place for settlement within the Bay Plantation, with large navigable river, large fresh marsh, abounding in sturgeoon, salmon, and bass. William Wood’s Description of Masachusetts,” in Young, Chronicles of the First Planters, 411-412.

112 this family.. secured by Humfrey’s occasional business partner, Sir Richard Saltonstall.589 In justifying his call for surrender of the Grand Patent to his Majesty, Sir Ferdinando Gorges cites the threat of a New England civil war before they had a civil government. Yet he has kind words for Humfrey and two Magistrates: And doubtless had not the patience and wisdom of Mr Winthrop, Mr Humphreys, Mr Dudley, and others their assistants been the greater, much mischief would suddenly have overwhelmed them590 Lacking means and men, in 1637 Gorges commissons Winthrop, Humfrey, Dudley, and two others to supervise his servants and private affairs, and govern his 1635 grant of New Somersetshire, the southern Maine province from Cape Elizabeth to Sagadahoc (Piscataqua to the Kennebec River). Based upon address change error, a missing royal clerk seal, and questionable Gorges’ authority to grant such a commission, Winthrop rejects any such intermeddling.591

Religious Contention In expectation of his imminent arrival, from 1632 Humfrey is designated freeman and annually appointed Assistant, land apportioned, and a home constructed.592 His large Swampscot farm at Saugus is a brisk half-day’s walk from Salem’s Endecott and the congregational meeting of Samuel Skelton and Roger Williams.593 In 1635

589 John J.Currier, “Ould Newbury” Historical and Biographical Sketches (Boston: Damrell & Upham, 1896), 9-10. A patentee for Connecticut, Dover (NH), and Swampscott, Saltonstall’s investment in the Bay continued long after his departure, managed in part by his sons Richard and Robert. Pope, Pioneers of Masachusetts, 308

590 “Sir Ferdinando Gorges Description of New England” 3 Collections Mass Historical Society vi (1837): 81

591 Harry Vane (in England) and John Haynes (in Connecticut) were the other named Commissioners of New Somersetshire. The Journal of John Winthrop, 224, n.9, citing Winthrop Papers, iii, 492-493

592 Records Massachusetts Bay 1628-1641, in Transaction & Collection American Antiquarian Society, iii, prt.1, 63

593 Rose-Troup finds it “inexplicable why Humphrey did not join the Salem Church on his arrival, unless he had been taught by Rev. John White, while residing in Dorchester (England), to distrust the new-fangled “Congregations” and prefer the Prayer Book ceremonies. Rose-Troup, “John Humfry” The Essex Institute Historical Collections vol. LXV, n.15, 297. Salem pastor Samuel Skelton died in August 1634, shortly after Humfrey’s arrival. Roger Williams was installed as his successor. The Journal of John Winthrop, 123, n.13. Historian Covey speculates that upon Humfrey’s arrival in the Bay, Roger Williams received both a new heifer and the Humfrey family into the Salem church meeting. Covey, The Gentle Radical, 99. Winthrop editor Dunn also locates Humfrey in Salem. The Journal of John Winthrop, 119, n.94

113 ...Secretly Polluted Magistrate Humphrey votes on the banishment of Williams from the Bay.594 Humfrey’s failure to join either the embattled Salem church or the local Saugus congregation draws fire.595 In a letter to the Puritan Lords of England, themselves aspiring but denied a birth-right aristocracy in New England, Rev. John Cotton justifies Humfrey’s unusual magisterial status, though he be not as yet joyned into church fellowship (by reason of the unsettledness of the congregation where he liveth) yet the commonwealth doe still continue his magistracy to him, as knowing he waiteth for oppertunity of enioying church-fellowship shortly.596 The unsettled congregation is apparently that of Saugus separatist Rev. Stephen Bachiler. Arriving at Natasket in June 1632, the 71 year-old mr Batcheleer settles his ministry at Saugus with six in his company and several other locals.597 The week

594 Besides Humfrey, the Assistants on that General Court that banished Williams included Governor Thomas Dudley, Deputy Gov. Bellingham, Winthrop, Atherton Hough, William Coddington, Simon Bradstreet, Increase Nowell, and Richard Dummer. Deputies from Lynn included Nathaniel Turner and Edward Tomlins. Salem’s three Deputies had been previously ejected, leaving 23 others. In addition all the town ministers of the Bay were invited including Rev Bachiler of Lynn. Records Massachusetts Bay, i, 160; Perley, History of Salem, i, 264-268. Likely Bachiler was the one minister who denounced William’s punishment. Batchelder, “Rev. Stephen Bachiler,” New England Historical and Genealogical Register, Jan., April, July, Oct., 1892, p.9 (of 22). On the other hand, Humfrey would have rejected William’s declamations against (1) oaths administered by Magistrates to the unregenerate, (2) nonconsensual colonial land grabs, and (3) strict religious separatism. Williams was banished in October 1635, escaping from Capt. Underhill and Bay jurisdiction in the winter of 1636 to establish Providence plantation in the Narragansett Bay (now Rhode Island). The Journal of John Winthrop, 151, 153, 158; Covey, The Gentle Radical, 116-117

595 Hutchinson notes that the law was dispensed with in favour of Mr. Humphries, who lived at Lynn . He incorrectly adds where no church was gathered. Hutchinson, The History of the Colony and Province of Massachusetts-Bay, 358, n.*

596 In 1635-1636 Lord Saye & Sele, Lord Brooke, and other Persons of quality made discrete inquiry regarding emigration, proposing an hereditary magistracy to be settled upon some great persons. But the proposition was firmly denied. Hereditary honors both nature and scripture doth acknowledge (Eccles. xix.17) but hereditary authority and power standeth only by the civil laws of some commonwealths, and yet, even amongst them, the authority and power of the father is no where communicated, together wwith his honors, unto all his posterity “Certain Proposals made by Lord Say, Lord Brooke, and other Persons of quality,” Hutchinson, The History of the Colony and Province of Massachusetts-Bay, Appendix II (ed. Mayo), 412. See also “John Cotton to Lord Say and Seal” (1636), in Appendix, iii, 496-501; The Journal of John Winthrop, 324, n.63

597 The Journal of John Winthrop, 69, n.90. Bachiler’s London (Plough) Company had a 40 sq. mile patent at Sagadahock , but his own intention was first to settle at Newtowne.The call to Saugus came from his daughter Theodate and son in-law Christopher Hussey. Ignoring the claim of Thomas Newhall, whose child was the first white born at Saugus, Bachiler first baptised his own grand-daughter. Batchelder, “Rev.

114 this family.. following Richard Wright in Col. Humphreys Imploy598 narrowly escapes death off Portsmouth when a lit tobacco pipe sets fire on a barrell of powder which tare the boate in peeces. 300£ in merchandise is lost and the one neglectful sailor as well.599 Bachiler’s meeting at Saugus is the fifth congregation established in the colony, following after Salem, Dorchester, Boston, and Watertown.600 Bachiler is quickly in hot water for some scandles and contempt of Authority. Presented at the 4 September 1632 Court of Assistants, Mrr Batchel is required to forbeare exerciseing his guifts as a pastr or teacher publiquely in or Patent unlesse it be to those hee brought with him601 The order is reversed on March 1633, permitting Bachiler the further gathering a Church.602 Open schism breaks out in 1635.603 Under pressure from locals, other

Stephen Bachiler,” New England Historical and Genealogical Register, Jan. 1892; Lewis and Newhall, History of Lynn, 139

598 “John Humfrey to Isaac Allerton,” Winthrop Papers, vol.2 (1623-1630):334-335; “Depositions of Eleanor Clark and Abigail Holbrooke” transcribed from Essex County Court Files, 29 December 1701, in HF Waters, “Documents Relating to Col. John Humphreyes Farm at Lynn” New England Historical and Genealogical Register, xxxi, 1877:307, 308

599 The Journal of John Winthrop, 70. In a later version, the sailor forewarned swore he would have his drag even if the devil carried him away. Lewis and Newhall, History of Lynn, 140. Wright was admitted freeman in 1634, moved to Boston in 1636. Ibid.,131, 135. Neither Lewis nor Newhall identify Wright as Humfrey’s agent, foreman, or servant at Saugus, but this is confirmed both by a Humfrey letter to Allerton and the depositions of Wright’s daughters. “John Humfrey to Isaac Allerton,” Winthrop Papers, vol.2 (1623-1630):334-335

600 Lewis and Newhall, History of Lynn, 139

601 Records Court Assistants, ii, 27

602 Records Court Assistants, ii, 30

603 Commonwealth Elders of everye Churche convened in Saugus, finding that the congregation thoughe not constituted at first in due order, yet after Consent & practice of a Churche estate had supplied that defecte. & so all were reconsiled. The Journal of John Winthrop, 143. But soon thereafter Bachiler was arrested attempting to form a second church in Saugus. Submitting, he promised to leave Saugus within three months. The Journal of John Winthrop, 164-165. He moved first to Newbury; at age 76 on to Mattakees (Yarmouth) on Cape Cod. Again In 1638 he departed for the New Hampshire towns of Winnacunnet (Winicowett, Hampton) and Portsmouth. Idem, 253, n.27; 519-520. At Winnacunnet 15 members attended his meeting. Within the year Rev. Timothy Dalton, related by marriage to Bachiler and a cousin to Winthrop, was recruited as teacher. Dalton soon challenged Bachiler’s morality and authority. In 1641 the eighty year old Bachiler was accused that he did solicit the chastity of his neighbor’s wife. Self-confession and excommunication from his congregation followed, wounding him again with the Bay authorities. Idem, 368-369. Subsequent

115 ...Secretly Polluted congregations, and the central government, within the year Bachiler resigns his ministerial post. Faced with a dwindling following of six loyal parishoners, he first attempts to set up an independent congregation in the very same town.604 But Humfrey connives to force Bachiler out of the town, laboring to replace the ancient and contentious reverend with his friend, the newly arrived Hugh Peter.605 As Winthrop records, the cheife of the towne beinge offended, for that it would Crosse their intentions of callinge mr Peter or some other minister, they complayned to the magistrates.606 By the interference of the Bay governing council and church leaders meeting as a synod, Bachiler is officially removed in 1636. But Peter, after preaching several times at Saugus, seeks a more influential position in Salem.607 The reorganized Salem church emerges in December 1636. It explicitly disavows the separatist teachings of the recently banished Roger Williams.608 The “renewed” covenant609 rejects a purified independent

protestations of innocence and appeals for guidance to Rev. Cotton (in 1642 and 1644) and the senior Winthrop (1647) were met with scepticism. Bush (ed.), The Correspondence of John Cotton, 63; “Stephen Bachiler to John Winthrop,” Winthrop Papers, v, 1645-1649, 153. Blocked at Exeter from the ministry and declining a call to Casco, Bachiler finally moved to Strawberry Bank, ministering from there to Kittery and Isle of Shoals, Maine. Victor Sanborn, “Stephen Bachiler.An Unforgiven Puritan,” New Hampshire Historical Society, 1917, pp.1-19; Philip Maxon Marston, “The Reverend Stephen Bachiler–Saint Or Sinner?,” p.5 of 9. Bachiler returned to England in 1647, passing not in 1660 (as is oft recorded), but in 1656. The Journal of John Winthrop, 520, n.61; George Sanborn Jr., “Rev. Stephen Bachiler of Hampton: Some Additional Information,” The New Hampshire Genealogical Record, Jan. 1991, 8(1); 4 pages. See also Batchelder, “Rev. Stephen Bachiler,” New England Historical and Genealogical Register, Jan., April, July, Oct., 1892, 22 pages

604 The Journal of John Winthrop, 143, 164-165, n.86. Humfrey, having previously counseled against separatism, had chosen not to join Bachiler’s first Saugus congregation. “Early Records of the 1st Church in Salem,” in White, New England Congregationalism, 30-31

605 Stearns, The Strenuous Puritan: Hugh Peter, 130

606 The Journal of John Winthrop, 165, n. 86 Commonwealth supervision of local church organization increased in the wake of the Williams trial, mindful of contention and distraction, with a compelling interest in diminishing local congregational independence.

607 Stearns, The Strenuous Puritan: Hugh Peter, 99

608 In a letter to John Cotton, Williams later gratefully acknowledged Hugh Peter’s mitigation of his possible death penalty for heresy. Stearns, The Strenuous Puritan: Hugh Peter, 155, n.23, citing M.H.S. Proc., iii, 313-316: when you had consultations of killing me, but some rather advised a dry pit of banishment, Mr. Peters advised an excommunication be sent to me. Peter did not formally excommunicate Williams and other separatists from the Salem congregation until fall or early winter 1638. The Court of Assistants at that juncture authorized banishment, fine, or imprisonment for any excommunicant not seeking reinstatment in their local congregation within six

116 this family.. congregational path advocated by Williams at Plymouth.610 Peter, granted two acres of Salem land one year earlier by the Salem selectmen,611 is elected pastor on 21 December 1636.612 Meanwhile, in November of 1636 Samuel Whiting, former Rector at Lynn Regis Church of Boston (Lincolnshire), is chosen pastor at Saugus. In his honor the settlement is soon renamed Lynn.613 The same November Humfrey applies for fellowship in the new congregation. But he withdraws his application when Daniel Howe,614 a devout

months of excommunication. Stearns, The Strenuous Puritan: Hugh Peter, 129-130

609 The new convenant for the Salem congregation acknowledged those over us in Church or Commonweale, knowing how well pleasing it will be to the Lord, that they should have incouragement in theire places, by our not greiving theyre spirites through our Irregularities. Morgan, Visible Saints, 103-104, n.70, citing Walker, Creeds and Platforms, 117-118

610 In July 1639, after Williams established an anabaptist (against infant baptism) congregation at Providence on the Narragansett Bay, Rev. Hugh Peter published a directory of Salem excommunicants throughout the colony and requested like notice from the other congregations, in order to avoid communion with religious degenerates. Stearns, The Strenuous Puritan: Hugh Peter, 130; Roger Williams,The Bloudy Tenent of Persecution, introduction by Underhill, xxvi

611 Stearns, The Strenuous Puritan: Hugh Peter, 109, n.4, citing Town Records of Salem, I, 10-11

612 White, New England Congregationalism: Early Records of the 1st Church in Salem, 16

613 Rev. Samuel Whiting, son and brother of illustrious mayors of Lincolnshire’s Boston, was installed with much difficulty as pastor of at Lynn. Winthrop called him unskillful. The Journal of John Winthrop, 197- 199, n.34; Lewis and Newhall, History of Lynn, 165-166; Towns of New England and Old England, part 2, 106-107. In 1663 Joseph Humfrey bequeathed 50£ in his will to mrr Samuell whitting Sen & pasture of ye Church of Christ At Lyn. The Probate Records of Essex County (1665-1674), ii, 302

614 Daniel Howe arrived at the Bay 1630, and was shortly commissioned lieutenant of the militia at Saugus commanded by Richard Wright. Roberts, History of the Military Company of Massachusetts, i, 26 Howe delayed taking the freeman’s oath which demanded fealty to the Governor and his administrative Council. He became freeman after the oath was refashioned on 14 May 1634 to require only allegiance to the government. Savage, Genealogical Dictionary of New England, ii, 474. In June 1636 Howe, previously assigned command of the trained band in Sagus, was urgently requested by Winthrop and Governor Vane to diligently prepare for service with Capt. Nathaniel Turner for the expedition against the Pequot. The Journal of John Winthrop, 183, 747-748. One year later he was second in charge at Castle Island, the fort commanding the entrance to the Bay harbour, and in November 1637 again enjoined to traine the Company at Linn. Roberts, History of the Military Company of Massachusetts, i, 26-27. Howe served as Lynn deputy in five General Courts, and in 1638 was part of the first committee to subdivide and apportion Lynn real estate. That same year Howe was selected as first lieutenant of the Military Company of Massachusetts; Humfrey joining two years later. Savage, Genealogical Dictionary of New England, ii, 474; Lewis and Newhall, History of Lynn, 124-125, 177-179; Pope, Pioneers of Massachusetts, 242. [For

117 ...Secretly Polluted congregationalist and militant patriot objects to his communion.615 Humfrey then disparages one Thomkins616 and either refuses or is refused communion with a Church who took in an unworthy member.617 Under the guidance of pastor Hugh Peter the reorganized Salem church twice mediates the dispute: (1) Mr. Humfres Case brought to the Church Eld’r: he (Humfrey) complains against the Church of Lin: that twice he was there hindred the seals: the 1 because of some difference between him & Leiften How, who excepted vs. him...the 2d time, because one Thomkins was received into Church communion that day, notwithstanding he excepted against him. Pastr: it seems as if the Church there denied him not that communion...It was agreed that if the Church & he so consent, this Church may have the whole matter discovered by writing from both sides, &c. (2) Mr Humfres case the 2d time: 10th of 11th month [10 January, 1636/1637] In the interim our Pastor was sent for to meet the Elders of the Church @

Howe’s subsequent ventures in Long Island, New Haven, and Jamaica in the West Indies, see infra.]

615 Daniel Howe’s rationale for derailing Humfrey’s church fellowship is not revealed.Perhaps it pertained to Humfrey’s lukewarm support for the Pequot war. Howe’s confrontational style in rendered him first plaintiff (1637) then defendant (1638) in a defamation proceeding against shipwright Richard Chadwell At that court, Daniel’s brother Edward Howe was judge with Endecott, Roger Conant, William Ballard and William Hathorne. Jenkin Davies was one of the jurors at the first hearing. The issue and outcome were not recorded, perhaps because Chadwell (and 46 other men of Lynn) had moved to Sandwich in 1637 in one of the many Lynn dispersions. Quarterly Courts of Essex (December 1637, Sept. 1638), 7, 9. Lewis and Newhall, History of Lynn, 169; Pope, Pioneers of Massachusetts, 91. Farmer/judge William Ballard debarked in Salem in 1634 from the Mary & John; in 1638 freeman granted 60 acres at Lynn, passing intestate in 1641 shortly after a friend’s premonitory suggestion that he record a will. Lewis, idem, 115, 171; Savage, Genealogical Dictionary of New England, i, 109. William’s probable relation to Daniel Ballard, early Bay Company adventurer and Puritan publications investor (with Humfrey, et.al.) has not been determined. See Peacey, “Seasonable Treatises,” English Historical Review, June 1998, 113(452):678

616 Who was Humfrey’s unworthy Thomkins? On 20 March 1637 John Tompkins was promised a place at Salem if he could obtain free dismission [from Rev. Whiting’s Lynn congregation]. This he obtained, for he was soon granted five Salem acres followed by another five in the next year. Perley, History of Salem, i, 426-427, 433-434; ii, 3. His brother Ralph Tompkins came with family at age 50 in November 1635 aboard the Truelove in the company of Edward Howe who settled at Lynn. But Ralph settled at Dorchester where his Bacon cheese was stolen. He took the freeman’s oath in 1638, removing to Salem around 1642. Banks, Planters of the Commonwealth, 171-172; Records Court Assistants, ii, 62; Perley, History of Salem, i, 198, 426, n.4; Pope, Pioneers of Massachusetts, 447, 457; Savage, Genealogical Dictionary of New England, iv, 311; Boyer, Ship Passenger Lists, 176-177

617 White, New England Congregationalism. Early Records of 1st Church in Salem, 30-31

118 this family.. Lin to Confer with them; who from both parties bring their relation to the Church: 1. That he withdrew himself, because he was loth to offend the Church 2. That the 2d time he withdrew because he was offended by the Church who took in an unworthy member. To this ‘t was determined, 1. That the Church is to deal with Mr. Humfry for withdrawing himself, & not rather for dealing with the 1st Bro. Privately according to rule first. P[Pastor]: here in the interim fell in this discourse, viz - qv. Whither an irritation unfits for the sacrament-----it should appear because anger is a short madness. A.1.Cor.xi. An examined man ‘t is his duty to eat. Qu. Whither a bro: may abstain when he is like else to give offense to another A. no 2. That this Church is to write to those Elders & Church. 1 because they take on members vs. Opposition & 2 privately. 2. Because they suffer the unseasonable opposition of members. For members are not to reason between themselves before the Church by way of opposition, but members must speak their case to the Church. This writing to be sent by vertu of the community that is between these Churches Despite the mediation, Humfrey turns away from the Lynn church to Salem. On 16 January 1637, only three weeks after Rev. Peter’s own election, Humfrey is accepted into 618 619 the new covenant Salem Congregation. Humfrey’s admission to the Salem Church is spurred by the birth of recently born Theophilus Humfrey, baptised eight days after Humfrey’s own full communion.620

Military Council Less than a year after his arrival, Assistant Humfrey on March 1635 is appointed

618 Hugh Peter was joined in full communion to the Salem congregation of 81 members on 8 January 1637. Humfrey was member 82, joined to the congregation on 16 January 1637. Humfrey’s son Theophilus was baptised by Peter on 24 January 1637. White, New England Congregationalism: Early Records of the 1st Church in Salem, 16; see also Mass Hist Col , vi, 251

619 White, New England Congregationalism. Early Records of the First Church in Salem, 16. The Humphreys family account mistakenly dates the event one year later on January 16, 1638. Humphreys, The Humphreys Family in America, 81, n.+, citing Mass Hist Coll, vi, 251

620 White, New England Congregationalism: Early Records of the 1st Church in Salem, 17

119 ...Secretly Polluted to a Comission for militarye Affaires, which had power of life & limbe &c.621 The military council initially consists of Humfrey, Winthrop, Haynes, and Endecott.622 Dudley and eight more members are later included over the next two years to administer militia and Plantation defenses and strategy.623 The first signal Puritan “holy war”624 is initiated by the 26 May 1637.massacre of seven hundred Pequot Indians many of whome were women, and old men, and helpless children.625 The battle is directed by Bay Captains John Mason626 and John Underhill,627 assisted by

621 The Journal of John Winthrop, 142, n.90, citing MR, 1:136-139

622 Practical military authority was vested in Winthrop, Dudley, and later Endecott, each named in 1636 to an exclusive and controversial lifetime Standing Council. Haskins, Law and Authority in Early Massachusetts, 31, n.44-45, 239, citing Mass Records, i, 167, 179, 186, 195, 221

623 Andrews, The Colonial Period of American History, 416

624 Revs. Hooker at Hartford and John Higgenson (son of Salem’s Higgenson) at Saybrook advised a premptive strike to tame the proud anti-Christ Pequot nation. Only Lyon Gardiner among the military leadership (and perhaps Humfrey) doubted the wisdom of a war triggered by the death of the adulterous Capt. Stone. Rev. Thomas Shepard found divine agency in the outing of Antinomian-Familist dissidents and the slaughter of Pequots; the Lord having delivered the country from war with Indians and Familists (who arose and fell together). McGiffert, God’s Plot, 66-68; Cave, the Pequot War, 168-170.

625 Lewis and Newhall, History of Lynn, 167-169

626 Capt. John Mason (1600-1672) ordered the Indian village torched, death by immolation or by shot and sword to all, without distinction of age or gender. Mason was a professional soldier who served in Holland in 1629 under Thomas Fairfax (1612-1671), before emigrating to Dorchester, Massachusetts in 1633. Made freeman in 1635, he moved to Hingham in 1639 where he married Anne, the daughter of Rev. Robert Peck, selling his land there in 1647. He helped found Windsor and Norwich, served as Indian agent for Connecticut, Commissioner to the New England Confederation, deputy Governor of Connecticut (1660) and county chief judge (1664-1670) in addition to his long military command of combined colonial forces. An avid correspondent with Winthrop Jr. on Indian affairs, he penned the notable Brief History of the Pequot War, buried in 1672 at Norwich. McGiffert, God’s Plot, 67, n.442; Pope, Pioneers of Massachusetts, 304; Savage, Genealogical Dictionary of New England, iii, 167; Winthrop Papers 1645- 1649, v, 249-251,253, 263, 317-318

627 Boston’s Capt John Underhill was admitted to the church in 1630, freeman in 1632, and Deputy in 1634. After his Antinomian and adultery disrepute with the Bay autocrats, and subsequent move to Pasataqua, in 1644 he was engaged by New Amsterdam’s Governor Kieft who three years previously initiated an Indian genocide. Mirroring his efforts against the Pequots, Underhill with a mixed English/Dutch brigade of 120 burned and massacred some 300-700 Indians at Greenwich, leaving few survivors. The Journal of John Winthrop, 500; Fiske, The Dutch and Quaker Colonies, 187-188

120 this family.. Mohegan warrior chief Uncas, with a mop-up force628 trained by Humfrey’s Lynn church adversary Lt. Daniel Howe.629 In a letter to Winthrop dated 7 June 1637, Humfrey suggests our former victorie was not so much by valor as accident, and cautiously counsels a cease-fire based upon the potential for a perpetual war.630 His advice is broadly disregarded. Instead the Bay colony implements a genocidal pogrom, accompanied by the dispersion and enslavement of any remaining Pequots over the next several months.631 In 1638-1639 the Assistants confirm a charter for the first private corporation in New England, The Military Company of Massachusetts, despite concerns with

628 The General Court in December 1636 reorganized the colony’s militia into three regiments respectively commanded by John Winthrop Jr (recently returned from Saybrook), Simon Bradstreet and Israel Stoughton. Stoughton was chosen to lead the main force against the Pequots. Black, The Younger John Winthrop, 97-99, 103-104.

629 In 1637 Daniel Howe was second in command in the Lynn militia under Nathaniel Turner. The Lynn contingent of soldiers, twenty-one in number, joined up with the main 154-man force three days after the initial massacre. Lewis and Newhall, History of Lynn, 167-169

630 Lewis and Newhall, History of Lynn, 168. With the exception of Lyon Gardiner, Humfrey’s caution apparently found little support among friends and fellow Connecticut agents Hugh Peter, George Fenwick, Henry Vane and Deputy Governor Winthrop. Indeed it was Roger Williams who played a pivotal role by frustrating a Pequot-Narragansett alliance while developing the plan for the surprise attack on the Pequot nation. Covey, The Gentle Radical, 161, 203

631 The savage campaign of three months terminated with slain and taken, in all, about seven hundred. The Journal of John Winthrop, 227. The Pequot name and land was thenceforth barred to members and descendants of that nation. The aid of the neighboring Narragansetts and the fierce Mohawks along the upper Hudson river wiped out remnant Pequot resistance. A Bay force led by Israel Stoughton massacred 28 surrendered swamp warriors. About 50 remaining prisoners including yer male children to Bermuda, by M William Pierce, & ye women and maid children are disposed aboute in ye towns. Bradford’s History “Of Plimoth Plantation” 423-431, citing Winthrop letter, 28 July 1637. See also Cave, The Pequot War, 158-163. Hugh Peter directed this first contingent of captive slaves, 15 boys and 2 women, to his minister friend Patrick Copeland in Bermuda, but Mr. Peirce, he missing it, carried them to Providence Isle in the West Indies (i.e., Old Providence Island). The Journal of John Winthrop, 226-227; Bradford, idem, 429, n.*. Peter reserved to his own use an Indian slave-servant “Hope,” and Israel Stoughton a large and fair captive woman for his own service. In June 1639 Hope was hauled before Humfrey and seven others of the Salem bench, censured for her attempted escape, and whipped for drunken behavior. Quarterly Courts of Essex (June 1939), 11. She tried again in July 1640 with identical result. Records Court Assistants, ii, 95; Stearns, The Strenuous Puritan, 103, n.5-6, citing 4 MHS Coll, vi, 95, 101. See also Bourne, The Red King’s Rebellion, 74-75; Covey, The Gentle Radical, 207, 212-213.

121 ...Secretly Polluted how dangerous it might be to erect a standing authority of military men632 Later designated the Ancient & Honorable Artillery Company, the first officers are wealthy merchant Robert Keayne as Captain and merchant-trader Daniel Howe of Saugus as Lieutenant.633 In 1640 Humfrey is recruited to the presitigious Company. Fellow inductees that year include John Friend, early carpenter for Harvard and Humfrey; Henry Dunster, later president of Harvard;634 and lawyer Thomas Lechford.635

Lords to Connecticut? In March 1636 Humfrey, an original patentee of the Connecticut plantation, writes to the younger John Winthrop, govr of Conecticot, then in Boston636: Deare Sir, You had received ere this an earnest expression of my mrs desire to have brought or (at least) sent mr Gardiner637 over to

632 The Military Company of Massachusetts was authorized with the wary proviso that this order or grant, or anything therein contained, shall not extend to free the said company, or any of them, their persons or estates, from the civil government and jurisdiction here established. Records Massachusetts Bay 1628-1641, i, 251. The grant, subordinate to all authority, was confirmed by order of Governor Winthrop and deputy governor Thomas Dudley on 24 April 1638. The Journal of John Winthrop, 246, n.88. By 1641 both Humfreys, father and son, had joined this elite officers corps, which then included most of the Bay area merchants. Bailyn, New England Merchants in the Seventeen Century, 37; Roberts, History of the Military Company of Massachusetts, i, 2-8

633 The Journal of John Winthrop, 246, n.88.

634 Rev. Henry Dunster took office at Harvard in autumn of 1640, pious, learned, impoverished. Proceeding on the model of English University, he formulated rules of admission, scholastic forms, and degree certification. A crucial concern at the time was the “brain-drain:” out of 20 graduates prior to 1646, 12 moved to Europe and but one returned. Despite salutory service, Dunster was canned in 1654 for falling into the briers of antipedobaptism, publicly testifying against offering baptism to any infant. Quincy, History of Harvard University, i, 14-21, 18 n.*, citing Mather, Magnalia, iv, ch.4, §10, [see infra]

635 Roberts, History of the Military Company of Massachusetts,i, 99, 103

636 “John Humfrey to John Winthrop, Jr.,” 20 March 1636, Winthrop Papers, iii, 239

637 Lyon (Lion) Gardiner was hired by Lords Brooke and Saye & Sele to fortify the new plantation and establish control of the Connecticut River valley. Gardiner arrived at Boston in 1635, where he helped establish the fortification at Boston’s Fort Hill. In late March he departed Boston by sea for the new Saybrook colony, while Winthrop Jr. proceeded overland Black, The Younger John Winthrop, 93-94. A series of provocative challenges met the nascent colony: This year 2. shallops going to Coonigtecutt with goods from ye Masssachusetts of such as removed theither to plante, were in an easterly storme cast away...which some imputed as a correction from God for their intrution (to yet wrong of others) into y place

122 this family.. Marblehead, (had it beene but for one halfe day,) had not the snow intercepted his designes. You know and appreheand more then my selfe the importance of that place638 Without naming his “master,” Humfrey presses the significant considerations at stake and the usefulness (if not necesssitie) of a meeting: there are manie as important considerations concerning the place of his setling; least that in one, wee precipitate him, the place, and whole countrie (by it) into greater adventures then is meete...the foundation of his future course and comforts depend much upon it.639 In suggesting the overnight meeting at my house, Marblehead or Salem,640 Humfrey anticipates the younger Winthrop’s imminent departure for the new Connecticut plantation. You may thence be set over to Scituat,641 or be returned as you please. You may accompanie mr. Peirce, an so beare out betweene you a full understanding and conclusion what to determine upon.642

Bradford’s History “Of Plimoth Plantation,” 415

638 Humfrey’s My mrs desire is redacted “my master’s desire” [in-text]. “John Humfrey to John Winthrop, Jr.” 20 March 1636, Winthrop Papers, iii, 239. The planned discussion anticipated the migration of Lord Brooke to the newly formed Connecticut plantation at Sayebrook or perhaps Saugus/Lynn. It is not clear if this exchange preceeded or followed John Cotton’s reply to Lords Saye & Sele and Brook denying any prospect of hereditary political preferment in the Bay. Winthrop Papers, ii, 143; Hutchinson, History of the Colony of Massachusetts-Bay, Appendix No.III. 496-501; Ibid, ed. Mayo, Appendix II, 410-413

639 Perhaps Salem-Lynn-Marblehead was also under consideration for Lord Brooke’s estate. The consultation with Gardiner might have concerned Marblehead fortification. Two years later (1638) the Plaines Farm land grant to Humfrey in Salem/Marblehead (with reservations for future landowners) coincided with the equally large grant of land to Lord Brooke at Lynn. “John Humfrey to John Winthrop, Jr.,” March 20 1636, Winthrop Papers, iii, 239

640 Humfrey’s residence in March 1636 was still in Saugus. Lewis and Newhall, History of Lynn, 200-201; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):255

641 Scituate, 25 miles south of Boston on the coast, was first settled by Plymouth. It served as the northern terminus of that colony, later the focus in a prolonged 1638-1640 boundary dispute with neighboring Hingham of the Massachusetts Bay. Bradford’s History “Of Plimoth Plantation,” 440-443; The Journal of John Winthrop, 277, 296, 339. Rev. Charles Chauncy was called to minister there in 1641 before removing to Newtowne and Harvard College. Bradford’s History, 458; The Journal of John Winthrop, 322, 398-399

642 “John Humfrey to John Winthrop, Jr.,” Winthrop Papers, iii [March 1636], 239

123 ...Secretly Polluted The meeting does not take place.643

Mission to England Accompanied by son John, Humfrey embarks in late autumn 1638644 on an urgent private mission to England. An earnest cipher from Rev. Hugh Peter to Governor Winthrop postmarked only Salem vit: Sept may well have attended his departure.645 the Testimony will be presented vnto you for Mr. Humfrey, now bound for England with his sonne only with him, and a very quiet, contented mynd, purposing to returne in the Springs, hauing left his family and estate in Godly mens hands.646 Peter demands Winthrop’s attention: I pray, Sir, fayle not herin. I mean the Country’s Seale to it.647 At Humfrey’s departure pastor Peter urges a financial bail-out of Humfrey by the General Court, a substantial portion of the funding to issue from the public bequest of

643 Winthrop Jr. must have missed the meeting with Humfrey, as on this very day he initiated his journey overland from Boston, thence by sail down the Narragansett Bay to Long Island Sound to Pesbeshauke, later named Saybrook at the mouth of the Connecticut River. Black, The Younger John Winthrop, 93-94.; The Journal of John Winthrop, 157, 161. Pope, Pioneers of Massachusetts, 181.

644 “Hugh Peter to John Winthrop,” Salem vit: Sept:, Proceeding Mass Histor Society [1640], 102, n.*. Judging by Court of Assistants quarterly attendance Humfrey made no such a trip in 1640. In 1637 Humfrey was at the September Court in Boston, but missed the December session, reappearing in March 1638. Records Court Assistants, ii, 69, 71, 72. Humfrey was again absent from the Court of Assistants held at Boston on 4 September 1638. Records Court Assistants, ii, 76. Notes from 17-18 October 1638 by Lechford indicate MrrHumfrey to M Willm Bellingham about 100£ borrowed & cattle ingaged for it; and a mutual release between Humfrey and Mr Swimmer. Lechford, Manuscript Note-Book,. 3, 4. Based on Humfry’s absence from the Governing Council from 4 December 1638 until 22 May 1639, Rose-Troup assigns Humfrey’s trip to London in that time frame. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 300. Humfrey was also absent for four consecutive sessions of the Salem Quarterly Court in June, September, December 1638 and March 1639, returning to his seat on 25 June 1639. Quarterly Courts of Essex (1636-1639), 9-11. From September 1639 through September 1641 Humfrey’s Quarterly Court attendance was unbroken. Records Court Assistants, ii, 85, 89, 91, 93, 96, 99, 103, 105, 108

645 Essex Institute Historical Collections, 38, p.38

646 The reference to family and estate in Godly mens hands probably refers to Jenkin Davies home where the girls were after put to board and school and whom Winthrop describes as in good esteem for piety and sobriety. The Journal of John Winthrop, 370

647 This letter is marked Salem vit: Sept: and editorially assigned to 1640. “Hugh Peter to John Winthrop,” Collections Mass Hist Society, 4th series, 102, n.*. See also Humphreys, 84.; Rose-Troup, “John Humfry,” The Essex Institute Historical Collections 1929, v. 65, 300, n.5, citing Essex Institute Historical Collections, 38, p.38. See also Stearns, The Strenuous Puritan, 133

124 this family.. Dennis Geere.648 Peter notes with some alarm that without such support Humfrey’s friends fear the Gospel may suffer by his suffering. The General Court politely declares theire tender regard of the gentleman and his condition, then rejects the request.649 Two sessions later in June 1639 the Court orders Humfrey to send in the £100 which is in his hands for the furtherance of the College.650 Arriving in England around December 1638, Humfrey likely meets with Bay Company officers to review the renewed Quo Warranto for surrender of the Bay patent.651

648 On 8 October 1635 thirty year-old Dennis Geere of Ovingdean, Sussex, arrived aboard the Abigail in the company of his 20 year-old wife Elizabeth, two infant daughters, three relatives, and two servants, settling in Saugus. Banks, Planters of the Commonwealth, 164. By December Geere was dead and Hugh Peter announced to the General Court that he had bequeathed a residual estate of £300 for public use. The Journal of John Winthrop, 742 (Appendix B). The will probated in 1637 named John Humfrey, Peter, Winthrop, and Rev. John Wilson to administer the public benefit. In 1642 Edward Moncke (Mooncke) was granted further administration in England as wife Elizabeth had also deceased. PRO Prob 11/189, PCC Cambell, 79. Will redacted in Waters, Genealogical Gleanings in New England, i, 6-7; Sherwood, American Colonists in English Records, i, 22. See also Lechford, Manuscript Note-Book, 206, 302; Pope, Pioneers of Massachusetts, 184

649 “Hugh Peter to the General Court of Massachusetts,” Collections Mass Historical Society, 4th series, vi, 96. The letter is marked Salem, 10 (7), and is filed with other papers of 1638. The editorial note (*) reads “probably 1638.” Idem, n.*. In October 1638 Humfrey borrowed £100 from Richard Bellingham’s brother, William Bellingham. Lechford, Manuscript Note-Book, ]. Humfrey then had in hand some one hundred and odde pounds of public trust funds, and Peter suggests adding thereunto Dennis Geere’s residual public bequest (previously identified as £300). Peter estimated Humfrey’s total private necessity at no less than £700 besides that which would accrue from the sale of much of his estate. Collections Mass Hist Society, 4th series, vi, 96-97. See also Humphreys, The Humphrey Family in America, 83, n.**; Rose-Troup, “John Humfry,” Essex Institute Historical Collections, vol.45, 299, n. 19; 300, n.20. Humfrey sold his farme Swampscot to Lady Deborah Moody for £900-£1100 before1641, perhaps during his sojourn to England. Lechord, Plaine Dealing, 98-99; Lechford’s Manuscript Note-Book, 67. Collating this data, Humfrey’s financial distress at this period may have approached £2000.

650 Records Massachusetts Bay, i, 263. Perhaps the General Court took into consideration not only the sale of Humfrey’s farm, but the authority Humfrey and Peter received via Edmond Audley to dispose of Francis Dent’s residual estate (beyond the £40 paid to Audley) to any vse they should think good. “Memorandum by John Winthrop Jr.” in “Letters of Administration to Edmund Audley,” Winthrop Papers, January 1639, iv, 95; Records Court Assistants, ii, 82

651 A contemporaneous political event in September 1638 might have triggered Humfrey’s precipitous departure. The very strict order reissued by the Lords Commissioners for Plantations for recall of the patent was rejected by the General Court which instead tendered the humble petition of 6 September 1638 in response. The Journal of John Winthrop, 262, n.55; Life and Letters of John Winthrop, ii, 221-229. Against the supposition that Humfrey himself relayed the petition is the fact that (1) it is nowhere registered in Winthrop’s writings nor any other account, and (2) Winthrop himself appeared unaware of Humfrey’s departure, as indicated by Hugh Peter’s promise at next meeting to provide Winthrop better satisfaction about himself and his departure. “Hugh Peter to John Winthrop,” Collections Mass Hist Society, 4th series, 102

125 ...Secretly Polluted He is privy to the asylum plans of the embattled Puritan Lords, and encouraged to recruit New England settlers and ministers for an expanded West Caribbean and Central American mainland venture.652 Enhanced Saybrook emigration to counter dissolution into the more prosperous Connecticut River plantations should be discussed.653 Most importantly, Humfrey must attend to his depressed financial condition He must liquidate debt and gain access to new capital, perhaps even at that juncture dispose of parts of his vast New England estate.654 He may also have sought in England a competent New England estate steward and companion for his favored son John Humfrey Jr., returning with Adam Ottley in tow. Even an intimate Humfrey clandestine affair with illegitimate issue cannot be ruled out.655 Humfrey returns to New England in the early spring of 1639 to prepare for a substantial New England remigration to Providence Island and the Central American coast. From this point on Humfrey appears as a double agent, with split loyalties to the

652 The Puritan Lords had planned New England asylum in 1633 and 1635.Their agent and lead emigrant, George Fenwick maintained an expectation of Connecticut emigration by gentlemen of rank until 1642. In January through February 1638 Lord Saye & Sele, the Earl of Warwick, Lord Brooke, and Henry Darley announced intentions to remove to Providence Island. Newton, The Colonising Activites of the English Puritans, 184-185, 244-245. In 1639 Lord Saye & Sele and Lord Brooke were briefly imprisoned at York for refusing a voluntary loyalty oath to support King Charles’ military action to subdue to the restive Scots, prompting some anticipation of emigration. Lechford, Manuscript Note Book, 105. See also Kupperman, Providence Island, 1630-1641, 255

653 In the 1638 aftermath of the Pequot war, four plantations of the Connecticut River valley, Hartford, Windsor, Wethersfield, and Springfield, sought to confederate with Massachusetts. The deal aborted upon the Bay’s attempt to control the confederation and discourage emigration to Connecticut by emphasizing the dangers of settling there. The Journal of John Winthrop, 277-278, n.15. Close associates of the original Connecticut patentees moved to Hartford and Windsor. Kupperman, Providence Island, 1630-1641, 328- 332. In December 1644 the Saybrook plantation was tranferred to Hartford, Windsor, and Wethersfield (Connecticut) in return for payment in corn, pork, and pipe-staves to the value of £200 per annum for ten years. Newton, The Colonising Activites of the English Puritans, 185

654 Humfrey’s “high” sale price of £900-£11000 for the farm Swampscot) was clearly negotiated before the market tanked in 1641 The actual date is in some dispute. Lechford, Plaine Dealing, 99; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):254-256

655In 1640 two England Middlesex Court justices prepare an order concerning the bastard child of Joan Ashley born in the parish of St. Andrew’s, Holborn, of which child John Humphries, of the parish of St. Margaret’s, Westminster, gentleman, is alleged to be the father “Sessions Book No. 12,” Hicks Hall August 1640, p. 28, in Middlesex County Records. Calendar of Sessions Books, vols. 1-51, Jan. 1638/1639 - Sept. 1644, p.46. In his will gentleman John Humfrey was identified as of Westminster. Parish records for St. Margaret’s in the Westminster Archives have yielded no further clue. Although Humfrey in 1640 was still resident in New England, might he have sired this child on his 1638 voyage to England, perhaps maintaining a residence there in anticipation of return.?

126 this family.. Bay authorities and the English Puritan Lords.656 Despite his eminence, his estate continues to deteriorate, and his social and fiscal obligations are subject to persistent and prolonged local court challenges.

Litigation From 1636-1641 numerous suits and actions are filed against John Humfrey in the Salem Quarterly Court. His neighbors sue him for debt, trespass, failure to fence common boundaries, and other causes. Sometimes his neglect of official duty appears at root. At the 27 June 1636 court the Saugus constable657 and juror William Wood658 are fined 10s and 5s respectively, but Wood is excused by Mr. Humphryes.659 In September, with Humfrey still absent from the bench, the Standley fine is confirmed, and the corn in Mr. Wm Wood’s hands attached. The connection among these cases is revealed at the next December session, when Humfrey is fined for absence and neglect of official duty. He is commanded to ante up Wood’s fine: The worshipful John Humphreys, Esq., fined for absence and not giving warrant to the constable of Saugus to warn a jury to serve the Commonwealth this court; and also to demand five shillings for Willia

656 In October 1641 Winthrop writes that Humfrey had plotted to leave the country two or three years before. The Journal of John Winthrop, 371. This implies 1638 or 1639. Humfrey may have been ambivalent in this role. Perhaps relevant is a letter [undated] in which Humfrey, describing his heart as desparately deceitful, begs Winthrop to explain the cause of that diminution of your wonted respect which upon unapprehended premises I could not divine. “John Humfrey to John Winthrop,” Collections Mass Historical Society, 4th series, vi, 17, n.* [editorially referenced 1634-1641]. In April 1639 Humfrey acknowledged with many teares his caridges of rashness and hastiness. “Endecott to John Winthrop,” Winthrop Papers, iv, 109-110

657 Thomas Standley (Stanley, Stansley) was freeman at Saugus (Lynn) in 1635, Deputy and constable the year following. Lewis and Newhall, History of Lynn, 165; Savage, Genealogical Dictionary of New England, i, 164. See also Records Court Assistants, ii, 51

658 William Wood arrived in 1629, settling in Saugus where he was admitted freeman in 1631. There he conceived New England’s Prospect, invaluable for its description of geography, biology, native inhabitants, and early settlements. He sailed to London in 1633 to compose and publish his book and map which went through several editions. William Wood, New England’s Prospect, Vaughan introduction, 4-6. Perhaps it was the same William Wood who came to Saugus in 1635 at the age of 27 with wife Elizabeth. In 1636 he was chosen deputy to the General Court. He resettled at Sandwich in 1637. Lewis and Newhall, History of Lynn, 113; Perley, History of Salem, 245-246

659 Quarterly Courts of Essex (June 1636), 2, 3. This June 1636 suit is the earliest mention of Humfrey at the Salem Quarterly Court. The judicial panel then consisted of Endecott and several newly sworn commissioners, including Cp. Nath. Turner of Saugus. Humfrey is not listed among the sitting magistrates for this and the next two sessions.

127 ...Secretly Polluted Wood.660 Humfrey makes his first actual appearance on the Salem Court bench at the 28 March 1637 session, sharing judicial duties with Magistrate Endecott, Commissioner Townsend Bishop,661 and Commissioner Thomas Scruggs.662 By the following November Scruggs is demoted and disarmed for his support of Anne Hutchinson and Rev. John Wheelwright in the festering grace vs. works Antinomian dispute.663 At the same March court John Pike664 serves as attorney for Mr Eson665 in a debt

660 The judgment was Remitted the following December. Quarterly Courts of Essex (27 December 1636), 4

661 Townsend Bishop arrived in Salem in 1634. Besides sitting on the Salem Quarterly Court in its first session in 1636, he was also Deputy to the General Court 1636-1638, receiving a three-hundred acre parcel bordering Endecott for his services. In 1645 or 1646 his baptist sympathies culminated in his removal from Salem. Perley, History of Salem, i, 198, 294, 313, 334; Pope, Pioneers of Massachusetts, 52; Phillips, Salem in the Seventeenth Century, 114

662 Salem’s Thomas Scruggs (Scraggs) was freeman and Deputy in 1635. Pope, Pioneers of Massachusetts, 405. Perley, History of Salem, i, 198, 303. In 1636 he was fined 5s for interfering with the impoundment of errant cattle. As Salem eelectman in 1636 his job entailed enforcing the local timber protection and revenue law. Perley, History of Salem, i, 210, 225 318. In January Salem granted hime a 300 acre farm, adjoining Humfrey’s 500 acre Plaines Farm granted by the General Court the previous May and, confirmed by Salem on 2 May 1636. When Humfrey sought hia acreage, Scruggs first tendered the grant to the Commonwealth for the siting of a college, then returned the land to Salem which passed the deed on to Humfrey. In return Scruggs received 200 acres previously relinquished by Captain William Trask. Perley, History of Salem, i, 335; ii, 198. Although Hugh Peter proposed the enlarged Plaines Farm for the siting of Harvard. both he and Humfrey were instead appointed trustees to raise funds for its preferred Newtowne (Cambridge) home. Stearns, The Strenuous Puritan. Hugh Peter, 1598-1660, 141; Morison, Builders of the Bay Colony, 188-189

663 In November 1637 Scruggs, a supporter of the disgraced and banished Antinomians Rev. John Wheelwright and Anne Hutchinson, was punished by disarming along with Robert Moulton and three others of Salem, never again to serve in a position of high public office. Disarming entailed giving up guns, pistols, swords, pwder, shot, & match and loss of participation in the training bands (militia). It was a severe blow to pride and repute. Perley, History of Salem, i, 447; Phillips, Salem in the Seventeenth Century, 136. Including Deputy William Aspinwall and Nicholas Easton, at least four Antinomians were banished. Eight were disenfranchised, and a total of 75 persons disarmed, 58 from Boston. Records Massachusetts Bay 1628-1641, i, 211-212; The Journal of John Winthrop, 241, n.73-75

664 John Pike was a proprietor at Ipswich, later moving to Newbury in 1635. He died in Salisbury in 26 May 1655. Pope, Pioneers of Massachusetts, 362

665 Welsh tanner Nicholas Easton (Eson, Eason) (1593-1675) arrived with wife onboard the Mary & John outbound from Southampton England in March 1634. Banks, Planters of the Commonwealth, 111. Serving as Ipswich Deputy to the General Court, Easton established a business, erecting a weir and mill. He removed first to Newbury, then to Charlestown where he was disarmed for his part in the Antinomian movement. Moving on to Newport (Rhode Island) in 1638, he aquired substantial holdings, second only to Gov. William Coddington. Savage, Genealogical Dictionary of New England, ii, 94; Pope, Pioneers of

128 this family.. action against Humfrey.666 With Humfrey again absent in June, George Burrell of 667 668 Saugus enters suite against him, in a filing sandwiched between two other debt cases. Humfrey returns to his seat in October and again in December, when Jenkin Davies of Lynn, a member of the church, makes his first appearance as juror.669 Humfrey is again on the bench at the Salem Court in March 1638, but is absent

Massachusetts, 149. Easton subsequently joined the Society of Friends (Quaker), and served as governor of Rhode Island. Winthrop termed him a man very bold, though ignorant who maintained that man hath no power or will in himself, but as he is acted by God, and that seeing God filled all things, nothing could be or move but by him, and so he must needs be the author of sin, etc., and that a christian is united to the essence of God. This Antinomian (later Quaker) presumption of indwelling spirt and corporeal unity with God was fundamentally offensive to Puritan theology. Winthrop declared it blasphemous. The Journal of John Winthrop 363-364; 273, n.98; Pope, Pioneers of Massachusetts, 149

666 Quarterly Courts of Essex (28 March 1637), 5

667 The cause of action in George Burrell’s suit is not stated. Burrell was party to several civil cases wedged between debt and defamation actions. Quarterly Courts of Essex (March 1637, June 1638) 5, 8. In 1638 Burrell received a Lynn grant of 200 acres. Lewis and Newhall, History of Lynn, 171. In the same year in June, he, along with Humfrey servant John Legge, was sentenced to sit in stocks at Lynn next training day there for uncleanness [and] make confession on the Lord’s day after Church meeting and blessing pronounced. Idem,8. The rebuke to Burrell and Legge suggests a modest transgression, perhaps something like drunken swearing or public pissing after too much strong Marblehead brew. Burrell drew his will in 1653. His sister Ann Burt, noted for her unauthorized practice of medicine at Lynn, was accused and tried for witchcraft in 1670. Demos, Entertaining Satan, 83-84, n.91, 431

668 Quarterly Courts of Essex (March-Oct. 1637), 5-6. At the June 1637 session Peter Palfrey’s servant, Jane Wheat was whipped for killing his neighbor’s poultry, for lying and loitering and running away from her master. And Nicholas Cary was reproved for extreme correction of his maid servant; while Dorothy Talbie, for beating her husband John, to the danger of his life, was chained to a post...until she repents. Idem.. Talbie was executed two years later for the murder of Difficult, her three year old daughter. Records Court Assistants, ii, 78; The Journal of John Winthrop, 271-272, n.90; Chapin, C riminal Justice in Colonial America, 37, n.56, 158

669 Quarterly Courts of Essex (26 December 1637), 6-7. Servant Davies had by 1637 been admitted as church member and freeman, i.e., was a respected member of the community. The Journal of John Winthrop, 370, n.7; Lewis and Newhall, History of Lynn, 151

129 ...Secretly Polluted thereafter until June 1639.670 In September 1638 plaintiff Abram Temple671 gains two bushels corn and 5s in a horse trespass verdict against John Humphreys, mr. Hows672 & mr Hauks.673 In a December pro bono public interest action,674 the worshipll Jno Humphreys Esqr, John Winthrop Snr., and Hugh Peter sue to recover a 10li. debt due to Francs Dent675 from Phillip Kertland676 At the same court Humfrey had attachment

670 Quarterly Courts of Essex (March 1638-June1639) 7-11

671 Abraham Temple was accepted as an inhabitant at the Salem town meeting on 21 August 1637, receiving 2-5 acres for his two person family. He received an additional five in January 1639, but probably departed later that year. Perley, History of Salem, i, 444, n.4; 462; ii, 60

672 Defendent Mr. Hows refers to Edward Howe of Lynn, who had arrived in the Truelove in 1635 at age 60 with wife Elizabeth and a family of five. He sat with Humfrey on the Salem Quarterly Court bench four times from Oct. 1637 through Sept. 1638, and was twice selected Deputy from Lynn for the General Court. Pope, Pioneers of Massachusetts, 242; Quarterly Courts of Essex (Oct. 1637-Sept. 1638) 6-9; Savage, Genealogical Dictionary of New England, ii, 474; Lewis & Newhall, History of Lynn, 124-125. According to a contemporary witness, Howe made his own preacherly contribution to an already unsettled Lynn congregation. Richard Sadler’s relates that he used to exercise his guifts in publique but in such a manner that the members were weary and ashamed to hear him and soone procured a cessation of his preachinge. Upon returning to Lynn from the General Court session in Boston in 1639, Howe descended the hill to the Charletown ferry when he fell downe and suddainly died, where he was found newly dead by the next passenger Richard Simmons, “Memoranda and Documents. Richard Sadler’s Account of the Massachusetts Churches,” The New England Quarterly, Sept. 1969, 42(3):424-425. See also The Journal of John Winthrop, 288, and n.35

673 Mr. Hauks: probably early planter Adam Hawkes who was at Charlestown in 1634, moving to Lynn in 1638 where he received 100 acres of land containing iron ore. In June 1660, in an early environmental damage court action, he unsuccessfully brought suit for trespass and damages due to flooding attendant upon development and operation of the Saugus Iron Works. He died at age 64 on 13 March 1672. Lewis and Newhall, History of Lynn, 95, 121, 172, 219, 230, 233; Pope, Pioneers of Massachusetts, 221; Savage, Genealogical Dictionary of New England, ii, 381; Hartley, Ironworks on the Saugus, 148, 256

674 Quarterly Courts of Essex (December 1638), 10. Appointment of magistrates and leading citizens as pro bono counsel was common, due to the rule against fee-for-service lawyers at trial. Humfrey was not on the bench at this session, indeed may have been out of the Bay to England.

675 Quarterly Courts of Essex (December 1638), 10. Francis Dent was made freeman at Salem in 1634. Engaged in the fishing trade, he was granted a half-acre at Winter Harbor in 1638 before moving to Lynn where he died the following year. Perley, History of Salem, i, 197, 284, 375-376 (map), 378. Estate administration was handled by Edmund Audley. Pope, Pioneers of Massachusetts, 137

676 Young Philip Kertland, 21 years, arrived in Boston with his brother Nathaniel 19 aboard the ship Hopewell of London in June 1635. He was from Sherrington, Bucks county, England. Banks, Planters of the Commonwealth, 158. Perhaps it was he or his father designated the first shoemaker in Lynn. In 1638 he received 10 acres of land. Lewis and Newhall, History of Lynn, 88, 154. The two brothers headed for

130 this family.. against person of Peter Busgutt, the latter charged over the preceeding year with disturbing the peace and contemning the court.677 On his 25 June 1639 resumption of judicial service, Humfrey is also plaintiff in a suit against Ed. Audley.678 Jenkin Davies again serves on the jury,679 in a session notable for the whipping of Hugh Peter’s inebriate runaway Indian servant-slave Hope.680 In September 1639 through December-January 1639/1640, although again in absentia,681 Humfrey is defendant in several local suits. James Moulton682 and James

Southampton Long Island in 1640, with Daniel Howe, et.al. Idem, 194

677 Peter Busgutt (Buscott) was a blacksmith who was frequently before the Salem court on debt actions. In June he sat in the stocks for one hour for contemning authority of court. In December, Busgutt and Richard Graves were indicted for breach of the peace. Graves slugged Busgutt in his own house, and was sentenced to sit one hour in stocks. This time Busgett was whipped for conteming court and Mr. Newell. Quarterly Courts of Essex (Mar.-Dec. 1638), 7-10

678 At the next court in September, one Edward (Edmund) Audley was fined 20s. for buying a sow fraudulently. At the same sitting, Edmund Audley sued Edward Burcham for slander. Quarterly Courts of Essex (Sept. 1639), 12. Edmund Audley could be found at Lynn in 1641. Savage, Genealogical Dictionary of New England i, 78; Pope, Pioneers of Massachusetts, 24

679 Quarterly Courts of Essex (June 1639), 11. Juror Davies by this time was likely engaged in a sexual relationship with Dorcas Humfrey.

680 Quarterly Courts of Essex (June-Sept. 1639), 11-12. Hope was pressed into Hugh Peter’s service through his request to Winthrop after the Pequot genocide of 1637. Stearns, The Strenuous Puritan: Hugh Peter, 103, n.16, citing Essex Institute Hist.Coll, viii, 191 (June 25, 1639); and Peter letter of the same year 4 M.H.S. Hist.Coll., VI, 101.

681 Humfrey also missed the meetings of the Governor’s Council from December 1639 through April 1640. His seasonal absences may have been a regular wintering-off in warmer climates. Cooper submits that Humfrey regularly sent wife Lady Susan down to the West Indies, but an examination of his source citation advances no such claim. Cooper, A Dangerous Woman, 71, n.5, 170, citing Phillips, Salem in the Seventeenth Century, 129. Phillips maintains Hubbard’s error by misplacing Providence Island in the Bahamas rather than in the western Caribbean off the coast of Nicaragua. Philips, idem, 129, n.2, citing Hubband’s History of New England, 2d Collections Mass Hist Society, v, 375-376 [reprinted in Young, Chronicles of the first Planters, 106, n.1]

682 James Moulton was admitted to Salem in August 1637 as head of a family of five, received land and joined Hugh Peter’s newly formed Salem congregation in December. His will was made in 1679. Perley, History of Salem,i, 440-1, n.3; Savage, Genealogical Dictionary of New England, iii, 248; Pope, Pioneers of Massachusetts, 321.

131 ...Secretly Polluted Underwood683 sue Humfrey for cattle trespass sixteen bushels of corn spoiled. At his absence, and no attorney appearing, Humfrey is fined 9li. 13s.684 In a similar action, Edmund Thompson685 is plaintiff against Humfrey where Daniell Fairefield is witness. Thompson is granted attachment of 9li. 15s. on Mr. Humphreys.686 In the December 1639 session, Humfrey’s friend and neighbor Emanuel Downing complains to the Salem court about unathorized conversation and surreptitious Lord’s day and night visits to his maid.687 Humfrey’s dispute with Edmund Thompson continues over eight Marblehead cows and eight calves.688 James Underwood renews his claim against

683 James Underwood, baker, was born around 1611, received permission to settle in Salem at the same time as Abram Temple on 21 August 1637. Perley, History of Salem, i, 444, n.2. Underwood was juror in 1652 and 1660. In 1654, the General Court cancelled the 20£ fine imposed by the Salem Court for Underwood’s liuing from his wife, who was then in England and refusing to travel to the Bay. Records Massachusetts Bay , iii, 349-350. He served as town constable under commissioner Edmond Batter in the 1657 arrest and persecution of the Quakers. Perley, History of Salem, i, 9, 248, 402; Pope, Pioneers of Massachusetts, 468

684 Quarterly Courts of Essex (Sept. 1639), 13

685 In 1639 Edmond Thompson (Edward, Tomson) had a lot in Salem next to those of Humfrey, Peter, and Batter, and was one of the Salem fishermen granted a half acre at Winter Harbor in November 1639. He received an additional 30 acres in Jan 1640. Hailing from Framingham, Suffolk (England),Thompson had at least four children in New England before returning to England, later employed as a sea captain by the Dutch. Perley, History of Salem, i, 314, 376-377, n.3; ii, 97; Pope, Pioneers of Massachusetts, 451

686 Quarterly Courts of Essex (Sept. 1639), 12. Daniell Fairefield and co-witness Jno. Abbie appeared for Humfrey against Thompson, as appears explicit in Abbie’s appearance with known Humfrey servants Edward Richards and John Flute at the next session in December 1639. Idem (December 1639), 14. In January 1637 yeoman John Abbie was granted Salem residence and later two acres of planting land out of town as part of a plan to ensure that the women of the “maids lotts,” i.e., land inhabited by unmaried women, shall give way beyond Castle hill. Perley, History of Salem, 417, n.2; 418, 455, 463

687 Quarterly Courts of Essex (Dec. 1639), 13. Thomas Sams snuck into Downing’s household on the Sabbath and at nights, where he contracted with the maid without master Downing’s consent. In November 1638 Salem selectmen had allotted three acres on Marblehead neck for fisherman Sams. He lived there at least through 1646, when he and other Marblehead men petitioned the General Court for relief from errant fishermen appropriating their fire-wood and timber. Perley, History of Salem, ii, 47, 78- 79, 179. A 1650 map of Marblehead inhabitants does not register his lot. Demos, Entertaining Satan, 283

688 Several witnesses for Humfrey, some definitely in his employ, i.e., Edward Richards, John Abbie, and Daniell and John Flute, testified that wandering Marblehead cows were driven out from Thompson’s field. Cattle in the corn were a persistant problem where fences had yet to be erected. Richards testified that the year before he had seen cows owned by Marblehead men in Goodman Molton’s corn. Quarterly Courts of Essex (December 1639), 14. In 1662 Richards deposed that he was Humfrey’s servant in charge of the windmill and when Humfrey departed he left two oxen, four cows and one mare at the Windmill Farm. Quarterly Courts of Essex (Nov. 1662), iii, 11. He later deposed that Joseph Armitage

132 this family.. Humfrey for cattle trespass and damages;689 and Humfrey (in absentia) sues carpenter Thomas Chubb.690 Lynn’s constable is ordered to arrest Joseph Garlick and Thomas Mercer, and take them to Boston jail if unable to post bond.691 In January 1640 the Salem Quarterly Court seeks information pursuant to Grand Jury proceedings against any person that shall live out of a pticular calling, i.e., indigent, jobless, idle, or shiftless. At this session Humfrey provides security for servant George Dill,692 fined 40 shillings for “drunkenes, & to stand att the meeting house doar next Lecture day, wth a Clefte stick upon his Tong, & a pa[per] vpon his hatt subscribed for gross 5 prmeditated 5 Lyinge.” 693 From then on, Humfrey appears at all sessions until his final Salem Court appearance on June 29, 1641.694 In March 1640 he presents with witnesses in the alleged

seized by execution a herd of cattle, between twenty and thirty from the estate of John Humphreys, Esq.in a judgment granted againt Adam Ottley. Quarterly Courts of Essex (June 1674), viii, 317, n*

689 Quarterly Courts of Essex (Dec. 1639), 13-14

690 Quarterly Courts of Essex (Dec. 1639), 13. Humfrey’s cause of action is not stated, but failure of performance or recovery of wages might have been at issue. Thomas Chubb (1608-1688) was briefly employed as carpenter by Samuel Maverick at Boston, moving first to Dorchester in 1631, then to Salem in 1636 where he received a grant of 20 acres, and 2 acres addition in the next year. Pope, Pioneers of Massachusetts, 99; Perley, History of Salem, i, 365, 455, 460; Savage, Genealogical Dictionary of New England, i, 384

691 Quarterly Court of Essex (Dec. 1639), 13. The December 1639 Salem Court offers the first glimpse of Joseph Garlick, later notorious as Joshua at East Hampton, Long Island where trials for mutual masturbation implicated the young unmarried servant Daniel Fairfield, and his wife’s alleged witchcraft rocked the community. Records of the Town of East-Hampton, i, 57, 132-137

692 Michael (Micha) Iver bought trader George Dill’s half-acre at Winter Harbor. He later called Dill (Dell) a drunken slave,& yt he would marke him for an ould Roage. Quarterly Courts of Essex (Dec. 1639), 14. Dill was granted a half-acre lot in Salem (probably on the neck at Winter Harbor) in July 1639. In December he countersued Iver for slander. Dill removed to Boston where he was freeman in 1651, dying in 1654 enroute from England to Virginia, leaving a substantial estate to his widow, sons, and brothers. Perley, History of Salem, ii,70, 78-79; Savage, Genealogical Dictionary of New England, ii, 4; Pope, Pioneers of Massachusetts, 136, 252

693 Quarterly Courts of Essex (Jan. 1639/1640), 15

694 Quarterly Courts of Essex (Sept. 1639-March 1640), 12-16

133 ...Secretly Polluted trespass of Thompson’s corn by Humfrey’s cattle. In addition, he sues Tobias Hill695 and wife for debt.696 Witnesses Benjamin Parmiter697 and Richard Uzald698 testify that Hill regularly did profane the name of God. John Bratley699 offers second-hand hearsay to the effect that others heard: Tobias Hill say ytt he had ynough of his wyf now, y he could spare his wyf to any in the Towne now for 3 or 4 days.700 A friend of Hill’s, Phillip Beare,701 is warned away, under suspicion for vncleanes & inordinat Liveing by making disention & discord in the house of yee s Tob. Hill. Jenkin Davis serves on this jury along with five others from Lynn.702 By the next session in June Daniel Salmon703 enters suit against Humfrey for

695 Tobias Hill’s association with Philip Beare suggests he may have been one of the profane fishers and seamen of Marblehead, who with George Dill and Michael Iver caused considerable anxiety among the straight congregationalists of Salem. Pope places him at Lynn with wife. Pope, Pioneers of Massachusetts, 280

696 Quarterly Courts of Essex (March 1640), 16-17

697 Benjamin Parmiter (Parminter, Parmenter) (1610-1689), tradesman, was folded into John Elford’s Salem household. In 1637 Benjamin, with wife Mary and daughter, was initially granted 3-5 acres in Salem, in July 1638 ten more, and ten acres at Jeffrey’s Creek. He lived subsequently in Gloucester (Cape Ann) and Marblehead, dying in the latter in 1689. Perley, History of Salem, i, 374, n.2; 346; ii, 30, 173; Pope, Pioneers of Massachusetts, 346; Savage, Genealogical Dictionary of New England, iii, 359; Banks, Planters of the Commonwealth, 59

698 One Uzell Wardall is listed as a carpenter at Ipswich in 1673. Historian-genealogist Savage remarks on “ Usal, Usual, Uzal, Usewell, Uzell or other outlandish name.” Savage, Genealogical Dictionary of New England , iv, 416. In 1681 Wardall was a constable at Salem, and on the tax rolls in 1683. Perley, History of Salem, ii, 402, 422

699 John Bratley was the recipient of a Salem land grant in 1636. Perley, History of Salem, i, 455

700 Quarterly Courts of Essex (March 1640), 17

701 Philip Beare (Bere, Deare), a Marblehead seaman born around 1623, had 5 acres of land by the tax rolls of January 1638. That year he was referred to the Salem court for public intoxication. He removed to Ipswich around 1665. Perley, History of Salem,i, 449, n.2; ii, 3, 13, 48

702 Quarterly Courts of Essex (March 1640), 17

703 Daniel Salmon (Samon, Sammon, Samond: 1610- ) fought in the Lynn contingent in the Pequot war of 1636. He later managed a farm for John Gifford at the Saugus Iron Works, and joined with Joseph Armitage in suit against the company to satisfy a £110 debt in 1654. Lewis and Newhall, History of Lynn, 127; Pope, Pioneers of Massachusetts, 397; Hartley, Ironworks on the Saugus, 189, 242. Salmon was sued

134 this family.. debt,704 while Tobias Hill, under a burden of debt and disrepute, cleared out.705 Meanwhile recidivist Joseph Garlick is fined 40s. for drunkenness, and for his unpaid debt to Marblehead’s Moses Maverick ordered to serve Maverick 12 months for the value of 12li and 15s to Holgrave.706 The 29 September 1640 session is the busiest to date.707 In one of the 22 civil cases heard, Humfrey promises to place post and rails on the Darbie Fort side.708 In criminal matters, charges are lodged against 21 year old servant John Cooke709.by his master, inn-keeper William Clarke.710 Clarke testifies that he and his wife are

by 25 year old Gyles Berry for debt in November of the same year. Davis, Noyes, and Libby, Genealogical Dictionary of Maine & New Hampshire, 33

704 Quarterly Courts of Essex (June 1640). 19

705 Marblehead’s Moses Maverick and William Pester were appointed receivers. Quarterly Courts of Essex (June 1640), 18. For Tobias Hill, see also Pope, Pioneers of Massachusetts, 280, 307-308

706 Quarterly Courts of Essex (June 1640), 19

707 Perley, History of Salem, ii, 105-107

708 Responsibility for erecting the Darbie Fort fence was contested, and its absence resulted in cattle incursions and a number of bushels spoiled. Humfrey promised construction, binding servants Henry Stevens (later notorious for his careless burning of Humfrey’s barn) and William Williams as sureties or guarantors to the agreement. Quarterly Courts of Essex (Sept. 1640), 21. Williams had a lot in Salem near Humfrey’s parcel, stretching to the North river. Perley, History of Salem, i, 241, 313

709 John Cooke was 17 when he arrived on the Abigail in 1635 in the company of 220 passengers including John Winthrop Jr., Hugh Peter, Henry Vane, cattle and rampant smallpox.. Banks, Planters of the Commonwealth, 166. Cooke (with wife Mary) was admitted to the Salem church in 1640, baptizing 3 daughters, and made freeman in 1642. Winthrop calls him an honest young man who himself was killed the same year when the gun he overcharged for a grand ship’s salute exploded. The Journal of John Winthrop, 428-429. But Perley has him departing Salem in 1645, perhaps removing to Warwick Plantation, where he may have died around 1650. Perley, History of Salem, i, 442, n.2. See also Pope, Pioneers of Massachusetts, 115; Savage, Genealogical Dictionary of New England, i, 447; ii,167, iii, 524

710 Mr. William Clarke (Clark, Clearke) of London arrived with the Winthrop Fleet in 1630, settling initially with his wife Elizabeth at Watertown. Banks, Planters of the Commonwealth, 69. He early challenged professional soldier Capt. Daniel Patrick’s authority by asserting the local constable’s right to determine the town watch. The Journal of John Winthrop, 67. Clark moved to Agawam (Ipswich) before 1633, and relocated to Salem in 1637 where he received 200 acres. Perley, History of Salem, I, 419 That same year he was indicted on suspicion of adultery. Records Court Assistants, ii, 8. In 1641 he gained liberty to entertain passengers and cattle, in November 1646 licensed by the General Court to operate the house of common entertainment between Lynn and Ipswich. The same year he was admonished for arguing with the constable and encouraging idling about his road-house shufflingboard. Having acquired a

135 ...Secretly Polluted in danger of their lives and fearful of their children in point of lust. Cooke is charged with theft, disobedience, and disparaging master Clarke, comparing his service to that in hell. In addition Cooke renders most desperate speeches, threating to kill himself if he must appear in court. The Court places his leg in shackles and he is severely whipped.711 At the same September session, the exorbitancy of Mary Boutwell712 is exposed and she is prosecuted for not working, but liveing idly and stealing, “taking away othrs victualls prtending Communities of all things.” 713 In December Humfrey sues John Holgrave714 over disputed salt, losing on the verdict, but acquiring the remaining salt. In the same court Daniel Fairfield sues Zacheus Gould for trespass,715 and Joseph Garlick is charged with the hearsay slander of John Hardy.716

substantial fortune, he was appointed to the town council in 1647. His support (with Samuel Maverick) of Dr. (Rev.) Robert Child’s claim for religious tolerance and legal appeal to Parliament, the Remonstrance for Toleration, resulted in a special inquest into his loyalty, forestalled only by his death in May 1647. The Journal of John Winthrop, 679, n.5; Perley, History of Salem, i, 197, 318, 322; ii, 183. See also Pope, Pioneers of Massachusetts, 103

711 John Pearce, a servant of Edmond Batter’s, advised Cooke not to take correction from his master, Mr. (William) Clarke. Quarterly Courts of Essex (Sept. 1640), 21

712 Quarterly Courts of Essex (Sept. 1640), 20; Lewis and Newhall, History of Lynn, 197. Pope suggests that Mary Boutwell (Bowdwell, Bondwell, Boutell, Boutelle, Bowtell) may have been James Boutwell’s first wife. Pope, Pioneers of Massachusetts, 61. James is at Salem and Lynn in 1635, Lynn proprietor and freeman in 1638-1639; but Alice is listed as his wife at his death in 1651. Savage, Genealogical Dictionary of New England, i, 219; Lewis and Newhall, History of Lynn, 150, 172

713 Mary Boutwell was sentenced to be whipped, but through clemency only admonished. Lewis and Newhall, History of Lynn, 197; Quarterly Courts of Essex (Sept. 1640), 20

714 Mariner John Holgrave settled at Salem in 1633, and was later Deputy, town offficer, and Inn-keeper. He removed to Gloucester after 1640. Pope, Pioneers of Massachusetts, 235; Savage, Genealogical Dictionary of New England, ii, 446

715 Quarterly Courts of Essex (Dec. 1640), 24

716 According to Garlick, John Hardy’s servant Benjamin Hammon did say that Hardy did swear, curse and beat him. Hammon owed Garlick money and allegedly complained that it was worse with him now yn when he lived with Lieft. howe for now he works night & day. The Court found the rash Hammon to be an unsetled &indiscreet yong man ready to run into divers enormities if Lett free Garlick was discharged, Hammon indented to Hardy’s service for an additional twelve months. Quarterly Courts of Essex (Dec. 1640), 23. Perhaps the same.Benjamin Hammon of London appeared at Yarmouth in 1643, his wife in Plymouth Court in 1648, thereafter at Sandwich, finally removing to Rochester, New Hampshire by 1663. Pope, Pioneers of Massachusetts, 210; Savage, Genealogical Dictionary of New

136 this family.. In March 1641, Humfrey is on the bench, and Jenkin Davis serves on his last jury prior to his prosecution one year later.717 June 1641 is also Humfrey’s final Salem Court term. He is called to task by Thomas Ruck, for not making a fence on Darbie fort side.718 But he is also honored by formal recognition as our Serg.-Maj.-Gen [Sergeant-Major General].719 Trespass and debt actions bespeak growing economic distress. Defamation and slander evidence a widening gap between master and servant, yeoman and elite. Criminal prosecutions of immorality validate perceptions of widespread dissolution and social disintegration. Humfrey is far from alone in this super-heated legal climate. But his mixt multitude fears now appear ratified by personal experience: to remove our choice people thither and to leave the mixt multitude (that will ever bee as thornes and prickes unto us) behind us720 It is advice he will soon follow.

Business Losses Although by his means muche monye was procured, 721 Humfrey was financially strapped even prior to his arrival. As early as 1630 his letters alude to difficulty financing his own resettlement in the New World.722 In November of 1632 Humfrey suffers a major setback upon the loss of a cargo of fish, when mr Peirce his shippe was cast awaye vpon a shoale 4: miles from Feake Ile

England, ii, 345. Fisherman John Hardy was Salem freeman in 1634, recovered goods lifted from his shipwreck in 1641, made selectman in 1647, and died around 1652. Records Court Assistants, ii, 105; Pope, Pioneers of Massachusetts, 212; Savage, Genealogical Dictionary of New England, ii, 355.

717 Quarterly Courts of Essex (March 1641), 25-26

718 Peter Palfrey testified as to the destruction of plaintif John Robinson’s rye. Quarterly Courts of Essex (June 1641), 28. Edmond Batter, Jacob Barney and Jeffrey Massey were ordered in January 1642 to determine all matters about fence on Darby fort side. Ibid. (January 1642), 30

719 Quarterly Courts of Essex (29 June 1641), 26

720 “John Humfrey to John Winthrop” 12 December 1630, The Winthrop Papers, ii, 331-334, from Mass Historical Society Collections, 4th series, vi, 5-9; see also Morgan, The Puritan Family, 170, n30, citing same

721 The Journal of John Winthrop, 121

722 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 299

137 ...Secretly Polluted 10 leagues to the n: of the mouthe of Virgina Bay.723 Humfrey is not without resources and wealthy business associates, mixing his business with clandestine Puritan activities. Late in the same year his ship to resettles Rev. John Davenport724 from under the watchful eyes of Archbishop Laud to the expectant Hugh Peter in Holland. A letter from the Hague in December identifies the principals: it is Mr. Davenport who landed here above a month ago. He came over in one Humphrey his ships, by the conduct and contrivance of Mr. Stone,725 a merchant in Coleman Street726 In 1633 Humfrey partners with Sir Richard Saltonstall, Atherton Hough,727

723 In 1633 Capt. William Peirce’s ship officer John Hodges reported the loss of twelve men, a shallop, and substantial property lost at the mouthe of Virginia Baye (Chesapeake Bay), including Humfrey’s fish: news that Mr. Peirce his shippe was cast away...of these were drowned 7: sea men & 5. Passingers. & all the goodes were lost...the Governor of massachuisetts lost in Beauer & fish which he sent to virginia &c: neer 100 li. Many other loste beuer * & mr Humfry Fishe. The Journal of John Winthrop, 89. By 1635 John Hodges had advanced to Master of the Rebecca out of London. Banks, Planters of the Commonwealth, 160

724 For ten years prior to his ejection and flight to Holland, Rev. Davenport (1597-1670) preached at St. Stephens of Coleman Street, a Puritan hotbed in London. Bremer, Congregational Communion, 89-91. Upon arrival in New England in 1637, he co-founded New Haven with Theophilus Eaton. They adopted Cotton’s Code as their fundamentals of government in all respects but one, rejecting the narrow fellowship of church communion in favor of adult male participation in civil government. Emerson, John Cotton, 149. In 1637-1638 Davenport was on the first Board of Harvard College with Humfrey, Winthrop, Peter, Cotton, et.al. Morison, Builders of the Bay, 189, 229; The Journal of John Winthrop, 223, n.4

725 Starting in 1626-1627, London habadasher Thomas Stone partnered with Maurice Thomson in West Indies slave trade and export of Virginia tobacco to Holland. Brenner, Merchants and Revolution, 127. Merchant banker Stone of Colman Street secured debt and loaned big-time to the Providence Island Company. Kupperman, Providence Island 1630-1641, 364, 366, 367

726 Humphreys, The Humphreys Family in America, Part I, sec.6, “Notes and Mention of Humphreys (not placed),” “Lieut.-Gov. John Humphry,” 32. Historian Stearns quotes the same passage, but does not mention Humfrey or Stone. Stearns, The Strenuous Puritan, Hugh Peter, 81. Under scrutiny for smuggling elite Puritans to Holland, Humfrey and partners endured the detention of their New England bound Puritan fleet in February 1634. Rose-Troup, The Massachusetts Bay Company and its Predecessors, 52-53. Humfrey’s own emigration was thus delayed. The Journal of John Winthrop, 120-121

727 In 1620 churchwarden Atherton Hough confesseth that he did before that yere break off ye hand and arm of St. Botolph’s statue in a protest against papal iconography. In 1626 he allied with Theophilus, Earl of Lincoln in widespread resistance to the Kings ship money forced-loan scheme, meeting with Humfrey and company the year following. In 1628 he was Lincolnshire Boston’s Mayor and in 1632 Alderman. In September 1633 he arrived in New England aboard the Griffin with Lincolnshire friends Thomas Leverett and Rev. John Cotton, and was shortly thereafter freeman, Deputy, and Assistant. His support of Anne

138 this family.. Edward Buckley (Bulkley)728 and Nicholas Parker729 in the planned transport of Saltonstall’s company of 20 emigrants at £5/head to New England.730 With the exception of Parker, these same gentlemen were previously associated with Humfrey in the clandestine publication of Puritan broadsides.731 Humfrey deploys forty-three year-old Capt.William Peirce to locate a suitable vessel. Peirce thereupon delegates the task to shipwright John Tayler. At first glance the ship Thomas appears to Peirce to be old and rotten. But Tayler and his brother in-law William Willoughby see potential nifty profit through her purchase, and Peirce concurs, conditioned upon her satisfactory repair. The quickly refurbished and renamed Richard of London is fitted out under 36 year-old master Nicholas Trerise.732 A June 1633 order of restraint on the Bay Company’s transport of passengers and goods elicits a vigorous protest from Humfrey to Gorges’ Council for New England. In subsequent meeting a heated Gorges assigns the ships’ delay to the Lord Treasurer, and

Hutchinson and Rev. Wheelwright led him to Wells, Maine, where he remarried in 1643 upon the death of his wife, passing on in 1650. Addison, The Romantic Story of the Puritan Fathers,28, 61-62, 73, 81; Savage, Genealogical Dictionary of New England, ii, 468; Pope, Pioneers of Massachusetts, 241

728 Edward Bulkley (Bukleley, Buckley) (1614-1696) was the eldest son of the much honored Rev. Peter Bulkeley. Edward was admitted to the Boston church in March of 1634, freeman in May, and later minstered at Marshfield in the Plymouth jurisdiction from 1643-1658, passing on at Chelmsford in 1696. Savage, Genealogical Dictionary of New England, i, 290; Pope, Pioneers of Massachusetts, 77-78

729 Nicholas Parker settled with wife and children at Roxbury in September 1633, probably in the company of Atherton Hough and John Cotton. He became freeman the following year, then shortly removed to Boston. Savage, Genealogical Dictionary of New England, iii, 355; Pope, Pioneers of Massachusetts, 344

730 Coldham, English Adventurers and Emigrants 1609-1660, 43-45

731 Sir Richard Saltonstall, Atherton Hough, and Edward Bulkley (Buckley, Bulkeley) partnered with Humfrey, and twenty-one other high-status gentlemen in the well-organized clandestine Puritan publishing venture of the early 1630's. Peacey, “Seasonable Treatises,” English Historical Review, June 1998, 113(452):677-680, citing Hartlib Papers (50H), 23/2/17A-18B (Sheffield University Library Collection). Saltonstall, Hough and others were also prominent, with broad support among the rural poor, in resisting the King’s 1626 ship money “loan” plan to finance the Crown’s war deficit. Bridenbaugh, Vexed and Troubled Englishmen, 270; Addison, The Romantic Story of the Puritan Fathers, 73

732 “Deposition 14 June 1635" William Pearce/Peirce of Boston, New England, sailor aged 43 Coldham, English Adventurers and Emigrants 1609-1660, 44; Henry Hoff (compiler), English Origins of the American Colonists (NY Genealogical and Biographical Record), citing J R Hutchinson, “Genealogical Notes of the High Court of Admiralty Examinations,” 167

139 ...Secretly Polluted sharply rebukes Humfrey for his false charge against the Council.733 In all, twelve ships bound for the Bay are delayed. Shortly after Saltonstall and company clear harbour, the leaky Thomas (now Richard) is compelled to return, later sold and her weary passengers reimbursed. In February 1634 Saltonstall enters suit for non-performance against shipwright Tayler.734 Again in February 1634 the Privy Council holds all New England-bound ships in the river Thames until their masters promise to observe the Book of Common Prayer and give bond against unlicensed passengers. Humfrey and Saltonstall (and others) are called before the Council to take the oath of allegiance to the Crown and promise to conform to the ordinance of the Church of England. The two take the oath but decline the official Church discipline. Upon consultation among the councilors they are discharged.735

Public Beneficiary Despite Humfrey’s failed and flawed business ventures, influential friends continue to intercede on his behalf. In November 1637 the General Court takes note, granting him tax relief because hee hath bene formerly much overrated. In May of 1638 his levy is remitted.736 In September 1638 the General Court is urged by Hugh Peter to provide immediate relief for Humfrey. without some helpe of his friends feare the Gospell may suffer by his sufferings....where as hee hath some money in his hands intended to some public use, if that be remitted to his owne being one hundred and odd pounds...I suppose it may answer some good part of his necessity, though I perceive lesse than 700li beside the sale of his estate will not clear him.737

733 Rose-Troup, The Massachusetts Bay Company and its Predecessors, 52-53, ns.8, 10, citing Records of the Council for New England (Deane), 59, 61. Richard Weston, Earl of Portland, was Lord Treasurer from 1628-1634. Alymer, The King’s Servants, 11

734 The case drags on until 14 May 1635. “Sir Richard Saltinstall v. John Tayler,” Coldham, English Adventurers and Emigrants 1609-1660, 43-45..The Journal of John Winthrop, 120, n.98 citing Acts of the Privy Council, Chales I, 199-201 and Calendar of State Papers, Domestic, 1633-1634, 450-451; Adams, Three Episodes Massachusetts History, 270-271; Bremer, John Winthrop, 235-236

735 Braidenbaugh, Vexed and Troubled Englishmen 1590-1642, 468, n.57, citing Bibliotheca Lindesiana I, 189; Acts of the Privy Council, Colonial I: 199, 200, 201; Whteway, Diary, 206 (fol. 197)

736 Records Massachusetts Bay, i, 210, 228

737 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 300, n.20 citing Essex Institute Historical Collections, 38, p.38

140 this family.. The Court, declaring their tender regard, politely refuses.738 Within the year Humfrey sells his huge Lynn farme Swampscot to the wealthy Lady Deborah Moody for between £900-£1100.739 Once again in May 1640 the Court sees fit to grant Humfrey £250 to relieve his necessity.740 But in that summer disaster again strikes Humfrey’s holdings. Stonemason servant Henry 741 carelessly makes a fire in his barn, and by gunpowder, which accidentally took fire, consumed all The loss of barns and estate (including corn and hay valued separately at £150) impact not

738 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 300, n.6 citing Winthrop Papers, i, 96

739 Lechford pegged the adjacent farm price at nine, or eleven hundred pounds. Lechford, Plaine Dealing, 98-99, n.137-138

740 Records Massachusetts Bay, i, 294. In his 1645 attempt to settle Sir Richard Saltonstall’s New England accounts, son Robert Saltonstall claimed 36£ paid to agent Pont. But the General Court saw no reason to alow it, seeing nethrr hee nor M Humfrey (who implied him) were or agents, or set on worke by us, & Mrc Humfry had 500£ or more in his hands, w h he received for yec country, out of w h he might have paid him, if he had seene cause for it Records Massachusetts Bay, ii, 132. In 1633 Humfrey associates Lord Saye & Sele, Lord Brook, Sir Arthur Haselrig, and Sir Richard Saltonstall, secured the former Hilton patents to Dover and Strawberry bank, privately buying adjacent lands. The next year the patentees’ agent, one John Hocking of Piscataqua, died in a shoot-out at the Plymouth fur trade outpost at Cushenoc (now Augusta, Maine) on the Kennebec River. Plymouth’s Assistant Governor John Alden was just then in attendance. Later debarking at Boston, Alden was arrested, examined, and ultimately discharged by the Bay General Court absent jurisdiction, exciting great agitation among the contending plantations. Bradford’s History “Of Plimoth Plantation.” 376-381; The Journal of John Winthrop, 114-117, ns74-78, 122-123, 131. In 1641 the Lord’s jurisdictional authority over the New Hampshire was ceded to the Bay, reserving to the Lord’s the greeatest part of the propriety of their lands. Humfrey served on that Bay commission to prepare the fiercely independent New Hampshire inhabitants for the Massachusetts handoff. The Journal of John Winthrop, 361-362, 365-366. Does the £500 in Humfrey’s hands refer to venture capital to establish a Kennebec trade outpost around 1630? In that event perhaps Pont refers to Le Pont (Pontgrave, Francois Grave Siur du Pont), who with his boss Samuel de Champlain, played a prime role in establishing France’s claim to Acadia (Nova Scotia) at Fort (Port Saint) Royal (Annapolis). Fiske, New France and New England, 36-41, 58-62. Le Pont and Champlain were ejected in 1629 from Quebec by an English force. Calendar of State Papers,Colonial, 1574-1660, 98, 99. But by treaty with France, England soon returned the contested land. Perhaps Pont on his return to France via England established contact with the English Puritan Lords and Humfrey, offering valuable assistance in mapping out New Hampshire and Maine real estate. Pont’s final disposition is unknown.

741 Henry Stevens (1611-1690), stonemason, arrived on the Defence in July 1635, his wife preceding him in the Abigail. Pope, Pioneers of Massachusetts, 433, Alice, but not Henry, is listed in Banks, Planters of the Commonwealth, 167

141 ...Secretly Polluted only Humfrey’s finances, but his reputation for household management.742

Divided Loyalties Humfrey’s high connections distress the Bay leadership. The Puritan Lords seek special aristocratic privilege, divert capital to other plantations, elevate trade over moral interest, and encourage population remigration out of the Massachusetts Plantation. By 1640 Humfrey’s recruitment for the western Caribbean venture sorely vexes the governing brethren. His efforts are regarded as disloyal, insofar as he labored much to draw men to joyn with him...with disparagement of this country743 Adding to the economic downturn, the migratory tide reverses in anticipation of religous reformation and renewed Parliamentary engagement with the King. But Parliament also seeks new revenue by taxation and barriers to trade.744 Hard-won New England autonomy is threatened by this newly organized self-aggrandizing Parliament745 In October 1640 Revs. Thomas Weld of Roxbury, Hugh Peter of Salem, and merchant William Hibbins of Boston are nominated for a mission to London to remit colony debts, solicit private funds, and rebuff Parliamentary encroachment on Bay legislative and economic autonomy.746 Salem’s Endecott, Emanuel Downing, and William Hathorne oppose the motion. They are fearful of clerics endowed with political authority, the permanent loss of popular pastor Peter, and a significant exodus to the remote West Indies and Carribean.747 From November 1640 through February 1641 credible reports surface that Humfrey seeks to divert not only Chauncy and Peter, but as many as 300 others to the Providence Isle

742 At his trial in November 1640 servant Stevens was bound to Humfrey for an addition 21 year term. Recognizing the addition to Humfrey’s insolvency, the General Court saw fit to supply his want to the tune of £250. The Journal of John Winthrop, 334, n.92, citing MR 1:311; RCA, 2:100. Lewis and Newhall, History of Lynn, 196-197. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 301, citing Massachusetts Records, I, 301

743 The Journal of John Winthrop, 323-324

744 Bailyn, New England Merchants in the Seventeen Century, 46

745 The Journal of John Winthrop, 346

746 The Journal of John Winthrop, 346, n.28; 351. Winthrop affirmed the importance of the New England experience in abetting the religious reformation taking place in England.

747 Endecott, fearful of appearing something Jesuiticall, opposed religious ambassadors intervening in secular affairs. Stearns, The Strenuous Puritan: Hugh Peter, 150-151, n.19, citing 4 M.H.S. Coll., VI, 138- 141

142 this family.. settlement.748 A rancorous debate breaks out, prompted by Humfrey’s grand plan.749 Mr. Humfrey discovered his intentions the more by falling foul uppon Mr. Endecott in the open assembly at Salem...and with that bitterness as gave great offence, and was like to have grown to a professed breach between them Yet even this breach is reconciled: being both godly, and hearkening to seasonable counsel, they were soon reconciled, upon a free and public acknowledgment of such failings as had passed.750 Despite resentment, the General Court wants Humfrey to remain in the Bay. On 2 June 1641 he is appointed serjeant maior generall751 of the colonial militia.752 Having previous limited active service,753 Humfrey’s appointment as the major field commander of the Massachusetts force represents a final attempt to secure his allegiance to the Bay

748 The Journal of John Winthrop, 347; Paige, History of Cambridge, Massachusetts. 1630-1877, 50; Kupperman, Providence Island 1630-1641, 322-323

749 Endecott predicted that the New England appointees were unlikely to return, a premonition accurate for both ministers, but not for merchant Hibbins. Strong, “A Forgotten Danger to the New England Colonies,” Annual Report American Historical Association (1898), 82, n.2, citing Mass Hist Coll, vi (4s), 138

750 The Journal of John Winthrop, 347, n.32, citing Winthrop Papers 4:326-327; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 302, n.27, citing Whrop Papers, I. 145

751 The Sergeant-Major-General ranks third in the formal line of command under the Commander-in-Chief and Lieutenant-General, the latter interpreting the general’s intentions and assuming command of the horse (cavalry). A sergeant.-major-general has responsibility for organizing and deploying troops in battle. Firth, Cromwell’s Army, 60-61

752 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 301, citing Massachusetts Records, i, 338; Quarterly Courts of Essex (29 June 1641), 26. Historian Lewis states that Humfrey was appointed in June 1641 “to the command of all the militia in the county.” Lewis and Newhall, History of Lynn, 198. In early Bay history county appears frequently meaning “country.” Humfrey’s command of the combined Massachusetts Bay militias in 1641 antedated the four sheires county system established in the Bay on 10 May 1643. Records Massachusetts Bay , ii, 38

753 Upon his arrival in 1634 Humfrey had formal direction of the Saugus militia: “On training day, Captain Turner, by the direction of Colonel Humfrey, went with his company to Nahant, to hunt the wolves...a very pleasant amusement.” Lewis and Newhall, History of Lynn, 147. I have found no record of Humfrey field combat during his time in the Bay.

143 ...Secretly Polluted cause.754 The following month the Bay colony responds to an urgent request from dissident brethren at Providence Island.755 A small vanguard is dispatched to that rugged harbor in the western Caribbean.756 Already overrun by the conquistadores, their beloved Captain Peirce is speedily killed by canon. The hapless majority return to the Bay, arriving the 3rd day of September.757 On 15 September 1641 in Boston, the combined Bay militia companies of some 1200 men celebrate their safe return under Humfrey’s new military authority.758 Despite his new command and huge land holdings encompassing two large farms,759 one smaller mortgaged farm,760 and Salem property, Humfrey determines to return to England with wife Susan. Prior to departure, he leases out the large Plaines and the Ponds farms,761 leaving his affairs in the hands of estate manager and son in-law,

754 Palfrey writes, “A motive to this step, independent of its public objects, may have been to sooth and gratify Humfrey, who had just now returned disppointed from the West Indies and had met with grievous domestic misfortunes.” Palfrey, History of New England, i, 612, citing Mass Col. Rec., I. 329. There appears to be no evidence that Humfrey made any voyage to Providence Island. However, his prolonged seasonal absences in 1638 and 1639 leave open the possibility of an earlier West Indies sojourn. Historian Frederick Humphreys suggests Humfrey’s military appointment may have been an effort to counter Richard Bellingham’s controversial governorship. Humphreys, Humphreys Family in America, 84

755 The anti-government five member remnant of pastor Hope Sherrard’s (Sherwood) congregation, pleading the persecution of their magistrate,appealed to New England for immediate aid. Dunn, absent authority, asserts that Humfrey was the leader of the Providence Island relief group. The Journal of John Winthrop, 355-356, n.59. But no documentary evidence affirms his role in the poorly equipped and ill- fated expendition. Kupperman, Providence Island 1630-1641, 265, 341

756 Kupperman, Providence Island 1630-1641, 341

757 The Journal of John Winthrop, 355-357

758 Twenty towns were represented with three regiments drilling for two days, and no man drunk though there was plenty of wine and strong beer in the town, not an oath sworn, no quarrel, nor any hurt done. The Journal of John Winthrop, 365, n.91. While there is no explicit confirmation of Humfrey’s presence at this training, a prior muster on 6 April 1639 was led by the governour, who was general of all. The Journal of John Winthrop, 290

759 Lechford, Plaine Dealing, 98-99, n.137-138

760 Humfrey’s Windmill Farm in Lynn. Quarterly Courts of Essex (Nov.1662), iii, 8-11

761 Both the Plaines and Ponds Farms were leased in late 1640, following the 1638-1640 sale of Swampscot Farm to Lady Deborah Moody. Lechford, Plaine Dealing, 99; Lechford, Manuscript Note- Book, 249, 355; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):n.88, 296; 254, n.119, 298, citing Quarterly Courts of Essex, iv, 317

144 this family.. Adam Ottley. But now, on the verge of Humfrey’s New England exit, a public scandal breaks out. At Humfrey’s final General Court session in September, Ottley is indicted for concealing the escape of adulterers Thomas Owen and Sarah Hales. In a final good-will gesture, the Court of Assistants remits Ottley’s fine of 20 marks to the departing Humfrey.762 Humfrey pulls up stakes on 26 October 1641. The elite couple’s precipitous departure absent their young brood is rationalized by a projected plan to visit the Bahamas, and the lateness of the season with an expectation of a bad-weather passage.763 With the exception of son John Humfrey Jr.,764 the abandonment of children to New England appears complete.765 Just after sail shocking new accusations portend a different sort of personal trial awaiting Humfrey involving divers, lewd persons, and filthiness in his family.766 All this time the girl never discovered any of this wickedness, nor was there any suspicion thereof, till her father was gone into England.767

762 Records Massachusetts Bay 1628-1641, i, 335, 338

763 As regards the children historian Lewis concludes “they undoubtedly intended to return or send for them.” Lewis and Newhall, History of Lynn, 199. When Ann Humfrey traveled to England and Ireland, did she bring her half-siblings in tow? See Essex County Probate Records (1635-1664), i, 366, citing Salem Quarterly Court Records, vol..6, leaf 18

764 Stearns, The Strenuous Puritan: Hugh Peter, 355; Roberts, Military Company of Massachusetts, 116

765 Lydia Humfrey, born out-of-colony in January 1641, baptised on 25 April, was about 10 months of age when her parents left for England. “Lucy Downing to John Winthrop Jr.,” Winthrop Papers, iv, 311. Her older brother Joseph, baptized on 5 April 1640, was then about 1½ years old. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 304-308 Dorcas and her implicated brothers remained in New England for the June 1642 trial, as they were subject to private correction. But sister Sara is curiously absent from imposition of punishment. Dorcas alone is still in Lynn as of March 1644 when her disposition was discussed. “Thomas Cobbett to John Winthrop,” Collections Massachusetts Historical Society, i (5s), 333-334.

766 The Journal of John Winthrop, 414-415

767 Winthrop absolves Humfrey of prior knowledge of the sexcapade, instead rendering a judgment based on neglect. The Journal of John Winthrop, 370-371. Palfrey appears to disagree, stating that “Humphrey had gone away broken-hearted by reason of family troubles.” Palfrey, History of New England, i, 613, n.4, citing Winthrop, The History of New England from 1630 to 1649, ii, 45, 46. Perhaps Palfrey had in mind Adam Ottley’s complicity in adulterers Owen-Hales prison escape. Humfrey joined eight other magistrates in fining his son-in-law Ottley and fellow conspirators. Records Massachusetts Bay, i, 334-335; Records Court of Assistants, ii, 108-109

145 ...Secretly Polluted Chapter 11. Mother of Shame Lady Susan Humfrey

children left to themselves, bring her that bare them to shame.768

eath is a persistent prospect for all who would make the transatlantic voyage. Before her much anticipated emigration in 1632, Lady Susan confronts the deaths D of sister Arbella and brother-in-law Isaac Johnson in 1630.769 Their passage is delayed for two long years. One of 12 siblings surviving out of 18 born to her mother,770 Lady Susan is likely the third daughter born.771 On arrival she is arguably the only direct representative of the Earl of Lincoln’s clan settling in the Bay and one of a handful of nobility in all of New England.772

768 Winthrop, General History of New England, ed. Hubbard (1682), in Collections Massachusetts Historical Society , vol. vi, 2nd series, (Boston: 1815), 379-380. Editor James Savage excuses editor William Hubbard for “obscurely commenting on these sufferings, which he almost calls a judgment for the offence of leaving our country...recollect, that the full relation of Winthrop was then lying before Hubbard.” Winthrop, The History of New England, Savage, ed., i, n.2, 90-91; ii, 55. Editor Dunn explicates Winthrop’s selective personalized interpretation of Providence as a divine grading system encompassing, warning, admonition, retribution, and reward. The Journal of John Winthrop, xxxiii-xxxvii

769 Susan’s personal relationships to sister Arbella and brother-in-law Isaac Johnson are unknown. At the onset of courtship, the father of Isaac Johnson considered him an unsuitable match for the impoverished Lady Arbella by virtue of the Earl of Lincoln’s considerable debt. White, Anne Bradstreet: “The Tenth Muse” 71. See also Fischer, Albion’s Seed, 14, 27 n.7, 56 n.6; The Journal of John Winthrop, 730

770 Guillemeau, Nursing. Preface. Lincoln’s Nurserie (Oxford, 1622), cited in Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood, 309 and n. 26, 335. Editor Savage counts seventeen, not eighteen children including eight sons and nine daughters, noting that two sons and four daughters “died young.” Winthrop, The History of New England, Savage (ed.), i, n.2, 40, citing Collin’s Peerage

771 Cook asserts that Theophilus (Fiennes-Clinton) in 1619 had three older sisters; in order from oldest to youngest, Frances, next Arbella, and then Susannah (Susan). Cook, Lincolnshire Links, 37-38. White lists sisters Frances, Arbella, Susan, Dorcas, and Sara living at the ancestral home at Sempringham at that time. White, Anne Bradstreet: “The Tenth Muse” 51, citing Inquisition post mortem (397/67), and will of Earl Thomas (P.C.C. 90 Parker), cited in GE Cokayne, Complete Peerage, ed. Doubleday and de Walden, 1929, vii, 696, n.(b), (c)

772 Advancing the Puritan colonizing effort, rich uncle William Fiennes, Lord Saye & Sele, greased the marital skids for the elder three “spinster” sisters Frances, Arbella, and (perhaps) Susan Fiennes-Clinton, providing a hefty dowry (dot) of £2000. He also arranged the marriage of his daughter Bridget to Theophilus Fiennes-Clinton while securing the appointment of the business whiz Thomas Dudley as

146 this family.. An imputation of despondency and deprivation attaches to Lady Susan’s sojurn in the Bay colony. Isolated on the extensive farm Swampscot in Lynn,773 speculative accounts one-half century later find Susan “solitary, weary, & sad.”774 Yet she incurs neither pity, rebuke, nor scarcely notice at all.775 In a rare reference to Lady Susan’s presence, in January 1636 John Endecott, concerned for Winthrop’s health, visits Mr. Humfrey and his lady to obtain a Beza stone.776 In late January 1641 Lucy Downing writes to John

steward to the debt-ridden Earl. Cook, Lincolnshire Links, 36-39; White, Ann Bradstreet: “The Tenth Muse” 51-54

773 Lewis places Humfrey on his 500 acre farm at Swampscot, between Forest River and the cliff...a mile from the Seaside. Farm workers were exposed to sand blown into their eyes when carriages passed over the beach. Lewis, history of Lynn (1629 edition), 49, n.2 citing Quarterly Court Files. Taking issue with a Swampscott residence, Newhall claims Humfrey lived “on the east side of Nahant street, having in that vicinity, quite an extensive farm, his windmill being on Sagamore Hill.” Lewis and Newhall, History of Lynn, 147. Hathorne’s deposition (30 years after the sale to Lady Moody) identifies the Humfrey estate which included the house & land in which he then liued caled Swamscott. Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):255, n.127, 299, citing Quarterly Courts of Essex, iv, 317

774 Historian Alonzo Lewis speculates on Lady Susan’s mental condition: “...whose hopes were in the land of her nativity...Living so far removed from the elegant circles in which she had delighted, and having lost the sister who might have been the companion of her solitude, the Lady Susan was weary of the privations of the wilderness, the howling of the wild beast, and the uncouth manners of the slaves, and had become lonely, disconsolate, and homesick....What the misfortunes and disappointments of Mr. Humfrey had begun, her importunities completed....it would be extremely uncharitable to suppose that the Lady Susan was without the endowments of maternal love.” Lewis and Newhall, History of Lynn, 198. In rejoinder editor Newhall adds, “The sympathies and affections of the heart are not confined to any class. The ‘daughter of an English Earl,’ may not be, as to them, more liberally endowed than the daughter in the lowly cot.” Newhall, in Lewis, History of Lynn, 199; Humphreys, The Humphreys Family in America, 86. No source authority for Lady Susan’s mental state are provided.

775 By contrast Margaret Winthrop, Boston-based wife of the Governor; and Salem socialite Lucy Downing lead busy lives. While managing an extended cast of family and household servants these robust women engage fully in religious and civic affairs attendant upon their respective positions. Earle, Margaret Winthrop, 195

776 John Endecott consoles an ailing Winthrop and wife with several putative remedies including a Beza stone I had of Mr. Humfry who is sorry also for your exercise. Endecott added: Mr. Humfry and his lady remember them to you. Also, procured from Mrs Beggarly, a vnicorns horne. Letter, “John Endecott to John Winthrop,” January 1636. Winthrop Papers, iii, 221-222. A Beza stone is a bezoar, a hardened lump of intestinal accretion from a ruminant goat, cow or stag. Taken by mouth or hung around the neck was considered an antidote tos contagion, fever, or poison. Alice Beggarly (Baggerly, Baguley, Beckly, Beckley) emigrated around 1630 serving as housekeeper

147 ...Secretly Polluted Winthrop Jr., my lady Susan I hear is now deliverd.777 In none of John Humfrey’s recovered correspondence, primarily addressed to the John Winthrops, father and son, does he mention his wife.778

Early Lineage In 1066 and thereafter Fiennes-Clinton forbears help Duke William of Normandy, the Bastard Conqueror, subdue Anglo-Saxon England. In 1572 Edward Fiennes Clinton (1512-1585) 9th Lord Clinton & Saye is created Earl of Lincoln. Fiennes gains his titles for long and valuable service to Henry VII,779 Queens Mary and Elizabeth, and finally as Lord High Admiral and husband to Elizabeth Blount, Henry VIII’s troubled mistress.780 Henry Fiennes (1544-1616) takes title as the 2nd Fiennes-Clinton Earl upon Edwards death.781

and settling Rev. Skelton’s Salem estate upon his death in 1634. In 1636 she filed for divorce from her confessed adulterous husband Richard (Beckley) in England, who apparently followed her to New England. In 1637 she was granted 3 acres of Salem land, remarrying again thereafter. The Journal of John Winthrop, 277, n.11, 747, n.25, citing New England Historical and Genealogical Register, 35(1881):318- 320; Records Court Assistants, ii, 74; Perley, History of Salem, i, 256, n.2; Savage, Genealogical Dictionary of New England, i, 104; Pope, Pioneers of Massachusetts, 43

777 Lucy Downing’s letter about Lady Susan’s delivery refers to a January 1641 (or earlier) birth of Lydia Humfrey, baptized 25 April 1641. The wording of the letter, notification from Lucy Downing in Salem to Winthrop Jr. in Boston, and the delay between Lydia’s birth and baptism suggest the event took place beyond the bounds of the Bay colony, supporting a possible inference that Lady Susan wintered in other climes. Letter “Lucy Downing to John Winthrop, Jr.,” 28 January 1641, Winthrop Papers, iv, 311, n.2

778 Minimal reference to Lady Susan Humfrey during these determinative decades appears noteworthy in view of her social prominence. Even John Humfrey’s 1630 letters to brother in-law Isaac Johnson make no refererence to her. “John Humfrey to Isaac Johnson,” 23 December 1630, Winthrop Papers, ii, 337-341. It is tempting to link this documentary absence with Winthrop’s comment regarding insanity in the Humfrey progeny. The Journal of John Winthrop, 415. Later accounts regarding Lady Susan’s psychological state remain problematic.

779 Avery, John Humfrey. Massachusetts Magistrate, 14, n.15, citing Dean Dudley, History of the Dudley Family, 53

780 Edward Fiennes (1512-1585), the 9th Lord Clinton, was created 1st Clinton Earl of Lincoln in 1572. He received a title first settled upon William de Roumare (c. 1095-1155) about 1140, and two centuries later (1349) upon Henry Plantagenet, grandfather of Henry IV. “Lincoln, Earls of” Encyclopedia Britannica (11th ed.), xvi, 702-703

781 “Lincoln, Earls of” Encyclopedia Britannica (11th ed.), xvi, 703. 2nd Clinton Earl of Lincoln Henry Fiennes (1540-1616) by his second wife Elizabeth Morison (1545-1611) had a son, Sir Henry Fiennes (1587-1641) of Kirkstead, who married Eleanor Harrington. The latter gave birth to Puritan Harrington Fiennes (1614-?) who in 1636 ventured with 80 emigrants out of Boston, England aboard the Prosperous, allegedly for Harwich a seaport in northeast Essex, but likely for New England. The ship never made Harwich, and a suit ensued to avoid £600 payment to the Crown in fines for the no-show. One returned

148 this family.. Father: Thomas Fiennes, 3rd Clinton Earl of Lincoln (1568-1619) Next in succession is the 3rd Clinton Earl Thomas Fiennes,782 Lady Susan’s father. He passes having held title barely more than two years, leaving a large family and an estate in shambles783

Mother: Elizabeth, Countess of Lincoln784 Susan’s mother, Lady Elizabeth Knevet, is widowed by the death of Thomas in 1619. Saddled with debts, she works with newly appointed steward Thomas Dudley to reclaim her family’s wealth and standing. Dudley, formerly in Lord Say & Sele’s employ, helps to arrange the marriage of her children. From this time the Countess actively supports the emigration of the Pilgrims from Leyden to New England.785 Having birthed18 children, in 1622 Lady Knevet is encouraged786 to publish a 21 page advisory, The Countess of Lincoln’s Nursurie, dedicated to daughter-in-law Bridget Fiennes (Clinton). Therein the Countess issues a powerful indictment of surrogate nursing,787 affirming the express ordinance of God that mothers should nurse their own

passenger blamed French pirates, by whom the passengers were robbed and stripped, both of their apparel and all their other goods...and so were violently carried away But a ship out of Dunkirk overtook the French, dropping the remaining would-be emigrants upon French soil from whence some made their way home. Addison, The Romantic Story of the Puritan Fathers, 25-27. For an abbreviated version blaming Dunkirk pirates, see Cook, Lincolnshire Links, 66. [no source citation]. A ship of the same name Prosperous may have reached New England in 1637. Coldham, Complete Book of Emigrants, 1607-1660, 186

782 “Lincoln, Earls of” Encyclopedia Brittanica (11th ed.), xvi, 703

783 Thomas Fiennes-Clinton, 3rd Earl of the House of Lincoln, died 15 January 1619. Cotton Mather characterized his family as “the best family of any nobleman in England.” Winthrop, The History of New England from 1630 to 1649, i, 40, n.2.

784 The Countess was daughter to Sir Henry Knevet of royal descent Humphreys, The Humphreys Famiily in America, 79, n.**, citing Young’s Chronicles, 75, n.

785 Cook, Lincolnshire Links, 28, 40

786 Was the Countess aware that lactation inhibits pregnancy? Lady Elizabeth sustained an average birthing rate greater than one birth for every two years of maternal birthing capacity, assuming menstruation at age 14 and menopause at fifty.

787 White, Anne Bradstreet: “The Tenth Muse” 54–56

149 ...Secretly Polluted children788 She warns that by accident or carelessness an overlying body might suffocate the infant in sleep or provoke death.789 Confessing her own neglect, she submits the death of one or two of my little babes came by the default of their nurses.790

Titled Brother: Theophilus Fiennes-Clinton, Earl of Lincoln791 At age 19 in 1619, Lady Susan’s brother Theophilus Fiennes assumes title and hereditaments as the 4th Clinton Earl of Lincoln. He studies at Queen’s College, Cambridge,792 in 1621 wedding second cousin Bridget Fiennes.793 Bridget is the daughter of uncle William Fiennes, 1st Viscount Lord Saye & Sele in 1621794 Settling his wife at Sempringham with his mother Elizabeth, an impoverished Theophilus heads off to London

788 Illick, Anglo-American Child-Rearing, in deMause The History of Childhood, 309, n.26, 335, citing Lincoln’s Nursurie (Oxford, 1622)

789 Perhaps some infant deaths laid at the doorstep of the “irresponsible” wet-nurse were cases of the etiologically perplexing SIDS or “sudden infant death syndrome.”

790 Illick, Anglo-American Child-Rearing, in deMause The History of Childhood, 309, n.26, 335, citing Lincoln’s Nursurie (Oxford, 1622)

791 In 1620 Theophilus (the oldest male/inheritor of title) was nineteen, and his youngest sibling six or seven. White names 3 younger brothers: Charles, Knyvet, and John. White, Anne Bradstreet:”The Tenth Muse” 51-52. By Savage’s count (based upon Collins Peerage) six brothers survived birth, two younger brothers remaining unnamed. Winthrop, The History of New England, Savage (ed.), i, n.2, 40, citing Collin’s Peerage

792 Puritan devine Rev. John Preston was dean of Queen’s College, Cambridge; and friend, advisor, and tutor to Theophilus Fiennes-Clinton. White, Anne Bradstreet: “The Tenth Muse” 57

793 The Levitical interdiction of incest, None of you shall approach to any that is near (Leviticus 18.6), excluded from marriage only those relations enumerated in the Mosaic law. In the Protestant scheme first cousins were generally permitted intermarriage. Calvin, Harmony of the Pentateuch, iii, 98. The marriage of Bridget Fiennes to second cousin Theophilus Fiennes, 4th Clinton Earl of Lincoln was unopposed. Her father William Fiennes, Lord Saye & Sele, was first cousin to then deceased Thomas Fiennes, 3rd Clinton Earl of Lincoln. Cook, Lincolnshire Links, 36.

794 Posting to Edward Montagu (Lord Mandeville) John Humfrey describes a religiously devout William Fiennes, Lord Saye & Sele, possessed of the deep dye of Christ’s blood. Kupperman, Providence Island 1630-1641, 3, n.2, citing “Humfrey’s letter to Lord Mandeville” 27 March 1642, Historical Manuscripts Commission Eighth Report (1884), no. 424. Idem, 9-14, 222-230. Lord Saye’s provocative 1640 defense of his Caribbean recruitment policy denied Winthop’s claim to superior understanding of God’s Providence. “Letter of Lord Say and Sele to John Winthrop,” Life and Letters of John Winthrop, ii, Appendix viii, 422-427

150 this family.. in 1624 to prep for regimental command.795 In 1627 he is at the forefront of widespread Puritan resistance to the King’s forced ship-loan scheme, a desperate attempt to raise money for foreign intrigues.796 When in March a scant 3 persons in Lincolnshire pay the tax, Theophilus is imprisoned. Wife Bridget petitions the King to permit accesse to her husband now a prisoner in the Tower. Never brought to Star Chamber trial, the Earl is released a year later on condition of military service for the King of Denmark, a deal offered many forced loan refuseniks.797 Returned to favor, perhaps Theophilus helps secure the Royal Charter granted to the Bay Company in early 1630.798 In 1631 Lady Bridget, now Countess of Lincoln, receives Bay Governor Thomas Dudley’s detailed account of the new colony.799 A signifcant relationship to the Lords of Providence is confirmed by records of the Providence Island Company on 19 May 1634 marking an £800 guaranteed loan by Theophilus, probably in regard to men or supplies bound for that Caribbean outpost.800 Theophilus supports the Parliamentary faction during the initial stages of the

795 In 1613 elector palatine of the Rhine Frederick V (1596-1632) married King James’ daughter Princess Elizabeth (subsequently parents of English civil war royalist-loyalist Prince Rupert). In November 1624 King James granted the Earl of Lincoln a regiment under Count Mansfeld to recover Bohemia for the deposed refugee elector-king. Theophilus (advised by Thomas Dudley and Dr. Preston) bailed out of the project, but not before his wife gave birth in his absence. White, Anne Bradstreet: “The Tenth Muse” 73- 74

796 White, Anne Bradstreet: “The Tenth Muse” 79-89; Andrews, The Colonial Period of American History, 384; Emerson Letters from New England, 9, n., 246. Covey errs in attributing the absence of Theophilus from the 1629 Cambridge Agreement meeting to his trip “to Germany commanding three hundred volunteers under Count Mansfield for Protestantism.” Covey, The Gentle Radical, 22. Bastard child and mercenary warrior Ernst Mansfield sailed from Dover in January 1625 to the Netherlands, later re-entering Germany, then struck ill and died in November 1626 at Rakovitz.”Mansfeld, Ernst,” Encyclopedia Brittanica (11th ed.), xvii, 599-600. [See note supra]

797 Theophilus was sequestered in the Tower of London. White, Anne Bradstreet: “The Tenth Muse” 79- 89. Abbot, Archbishop of Canterbury, was relieved of office in 1627 when he refused to license publication of a sermon justifying the King’s usurpation of Parliament’s tax authority by the forced “loan.” Rushforth, The Sequestration of Archbishop Abbot from all his Ecclesiastical Offices, in 1627, in Firth (ed.), Stuart Tracts 1603-1693, 345, 309-350.

798 White, Anne Bradstreet: “The Tenth Muse” 249

799 “Thomas Dudley to Lady Bridget, The Countess of Lincoln,” March 12 and 28, 1631, in Emerson, Letters from New England, 66-83

800 Calendar of State Papers, Colonial,1574-1660, 179

151 ...Secretly Polluted English civil wars, defending the family seat at the ancient medieval Tattershall Castle.801 In April 1643 the King at Grantham802 charges him with High Treason for leading an organized Lincolnshire tax resistance. Grantham soon falls to Cromwell, and the indictment is quashed.803 But Theophilus shows little enthusiasm for the capture and decapitation of Charles I. He is accused of treason by the ruling generals and imprisoned. Upon release he withdraws from public view. In favor at the Restoration in 1660, Theop. Earl of Clinton is named to Charles II’s Council for Foreign Plantations. The position requires an exact account of all colonial affairs including defenses, laws, men, etc., in order to regulate trade, slavery, and otherwise impose uniform government and royal control.804

Brother: Charles Fiennes-Clinton (Fines, Fynes) (1605-1662) Winthrop’s list of seventy-six prospective passengers aboard his 1630 Fleet locates one mr Fienes, but does not clarify his family relationship.805 Charles’ identity as a younger brother to Theophilus and Lady Susan.is confirmed in an authoritative roll of

801 White, Anne Bradstreet: “The Tenth Muse” 52

802 Cromwell took Grantham in May, with his Ironsides and soldiers drawn from the Eastern Association, of which Lincolnshire was a part. Morrill, Oliver Cromwell and the English Revolution, 98

803 Thompson, The History and Antiquities of Boston in the County of Lincoln, 773. Included on the list of those indicted for treason was Francis Fines of Throckingham, gent., perhaps Francis Fiennes-Clinton, a brother to Theophilus who then sat in the House of Lords.

804 Winthrop, The History of New England from 1630 to 1649, i, 40, n.2. In December 1660 Theophilus was named with his uncle and father in-law William Fiennes (Viscount Lord Saye & Sele) and six ranking nobles to a standing Council for Foreign Plantations with broad authority for the management of the colonial empire. Among other duties the committee was charged with devising a lawful course to send over vagrants and others “who remain here noxious and unprofitable.” Calendar of State Papers, Colonial, 1574-1660, 492-493

805 The Journal of John Winthrop, 730. Several authorities err in assigning Charles Fines to the noble house of Say and Seale. Savage, Genealogical Dictionary of New England, ii, 467, citing Hutch. I History of New England, 487; and Young’s Chronicles of Massachusetts, 298. See also Winthrop, Life and Letters of John Winthrop, ii, 12, n.1; Hart, The Memorial History of Boston, i, 109, n.1. Some say he was born at Broughton County, Oxford and attended Oxford University. Savage, ibid., citing Trumbull (ed.), Winthrop’s History New England, i, 496. But Lord Saye & Sele (1582-1662) had no brothers; and although fathering four sons, had none named Charles. “Saye and Sele, William Fiennes,” Encyclopedia Brittanica (11th ed.), xxiv, 227. But Saye & Sele may have sustained a special relationship with Fines. Peacey, “Seasonable treatises, English Historical Review, June 1998, p.2.

152 this family.. prospective colonists drawn in winter 1629-1630.806 Just before the Arbella sets sail Charles Fines sets his pen in April2 1630 to the The Humble Request, avowing non- separation from the established Church of England.807 The broadside is part of a Puritan New World polemics led by a clandestine Puritan team including Fines and his brother-in- law John Humfrey.808 The document is quickly published in London and widely distributed.809 Fines may have intended voyage to New England in 1630, perhaps with three

806A 1630 list of leading Bay undertakers compiled for Privy Council review by Viscount Dudley Carleton (Lord Dorchester) includes among others: Isaac Johnson, Lady Arbella his wife, and Mr. Charles Fines, sister and brother to the Earl of Lincoln. Calendar of State Papers, Colonial, 1574-1660, 112. The 1860 index to the State Papers prepared by editor Sainsbury lists orthographic variant “Charles Fienes.” Idem, 523. Historian Banks pens him “Charles Fiennes, Esquire.” Banks, Planters of the Commonwealth, 7. See also White, Anne Bradstreet: “The Tenth Muse” 51; Cook, Lincolnshire Links, 60. One source finds a different Charles Fynes baptized 20 August 1607 at Tattershall (home parish of Clinton Lincolnshire Earls from 1551), son to Edward Fynes. International Genealogical Index, v5.0, Batch C032021, Source 0436051: “Tattershall, Lincolnshire Bishop’s and Parish Register Transcripts” (www.familysearch.org ). Edward Fienne-Clinton, Sir Knight, was younger brother to Thomas, the 3rd Clinton Earl of Lincoln. He was born in 1572 and married Mary Dighton around 1596. Their son Charles was first cousin to namesake Charles Fines born but a few years previous. For the reversion of the Earldom to Sir Edward’s line, see “Newcastle. Henry-Pelham Fiennes-Pelham-Clinton. 5th Duke of, 1864,” New England Historical Genealogical Register, 1865, 19:175

807 Governor Winthrop and assembled council address their brethren in the Church of England while the Fleet awaited sail at Yarmouth:. The Humble Request of His Majestie’s loyall Subjects, the Governour and the Company late gone for New England; To the rest of their Brethren, in and of the Church of England. For the obtaining of their Prayers, and the removall of suspitions, and misconstructions of their Intentions. Authorship of this declaration of non-independence non-separation has been generally attributed to Rev. John White and/or Gov. John Winthrop. Besides Winthrop, other signatories included Isaac Johnson, Rev. George Phillips, Charles Fines (Fiennes), Sir Richard Saltonstall, Thomas Dudley, and William Coddington. “The Humble Request” in Young, Chroncles of the First Planters, 293-299; Winthrop, Life and Letters of John Winthrop, ii, 10-14; Morison, Builders of the Bay Colony, 47-48, 76; Cook, Lincolnshire Links, 61-62. Rose-Troup unequivocally assigns the authorship of the Humble Request to Rev. White. Rose-Troup, The Massachusetts Bay Company and its Predecessors, 38

808 Peacey, “Seasonable treatises: a godly project of the 1630's,” English Historical Review, June 1998, 113(452):667-680

809 Winthrop, Life and Letters of John Winthrop, ii, 10; Cook, Lincolnshire Links, 61, n.2, citing Lincoln Cathedral Papers

153 ...Secretly Polluted sons810 in the company of brother-in-law Isaac Johnson and sister Lady Arbella.811 But his actual departure and passage remains problematic.812 In 1632 he is among several Lords and gentlemen named with Humfrey and Herbert Pelham (III) in the Earl of Warwick’s grant for all the lands of Connecticut.813

Sisters: Lady Arbella & Lady Frances In 1623 Susan’s older sister Lady Arbella Fiennes-Clinton (despite in-law paternal opposition) marries wealthy gentleman Isaac Johnson.814Johnson becomes a leading stockholder in London’s Massachusetts Bay Company, and nominee (with Hunfrey) for both Governor and Deputy-Governor.815 Shortly after arrival in Salem in August 1630 Lady Arbella expires. At Boston at 2am on September 30th Johnson’s own death

810 Boyer, Ship Passenger Lists, National and New England (1600-1825), 140, citing Albert R Rogers, The Historic Voyage of the Arbella, 1630 (Boston, 1930) in Lancour No.40.

811 Banks, Plantersof the Commonwealth, 7, 72; Fischer, Albion’s Seed, 14, n.3 (citing Bouton’s compiled list in AE Rogers, Voyage of the Arbella, 1630 (Boston, 1930), and Winthrop Papers, ii, 276); 27, n.7 (citing Banks, The Winthrop Fleet of 1630 (Boston, 1930), 52-54); 56, n.6. See also Cook, Lincolnshire Links, 60

812 No documentary evidence of Charles Fiennes-Clinton’s presence in New England has been forthcoming. Neither Winthrop’s account nor other written record affirms his presence at the initial Bay meetings of the governing council or anywhere else. If he survived the voyage (seventy emigrants did not), he may have been repulsed by his sister Arbella’s almost immediate death or the sixty deaths at Salemover the winter. Perhaps he was one of the 200 returnees, who make more haste to return to Babel as they termed England, than stay to enjoy the land they called Canaan. Capt. John Smith, Advertisements for the Inexperienced Planter of New England (London: Haviland, 1631) [Winthrop Society web]

813 Newton, The Colonising Activites of the English Puritans, 82-83; Kupperman, Providence Issland 1630-1641, 325, n.13 citing Hoadly, The Warwick Patent, 6-10, and Newton

814 Isaac Johnson’s marriage to Arbella Fiennes-Clinton was opposed by Johnson’s wealthy father due to to the wide disparity in social rank and the impoverished estate of the Lincoln earlship. But Johnson’s grandfather consented to the 5 April 1623 marriage of the 22 year-old Reverend Isaac Johnson of Sempringham to Lady Arbella Fynes of same, spinster, 22. White, Anne Bradstreet: “The Tenth Muse” 71, citing The Allegation Book of the Bishop of Lincoln. The designation ‘spinster” places Arbella among the dangling upper-crust country daughters who incurred significant difficulty or delay in contracting a suitable ranking mate. Stone, The Family, Sex and Marriage, 44, 201, 380-386

815 Winthrop, Life and Letters of John Winthrop (1558-1630), i, 348

154 this family.. follows.816 Elder sister Frances Fiennes-Clinton marries John Gorges, son and heir to Sir Ferdinando Gorges. Sir Ferdinando heads the Council for New England from 1632 until its dissolution in 1635, carefully nurturing ambition to govern all of New England.817

816 The Journal of John Winthrop, 39. John Humfrey (in England) witnessed Isaac Johnson’s will naming as executors John Hampden, two English neighbors, Winthrop, and Thomas Dudley. Winthrop, Life and Letters of Winthrop, ii, 46-47, n.1; Savage, Genealogical Dictionary of New England, ii, 551-552. Johnson signed the initial letters forming the Charleston church and attended the second Court of Assistants gathered there on 7 Sept. 1630. He was present at the inquest of William Bateman on September 18th, just twelve days before his own demise. Records Court Assistants, ii, 3, 7. Bateman succumbed to sickness/exposure on a Boston harbor island. Pope, Pioneers of Massachusetts, 39 In May 1650 Thomas Dudley and Increase Nowell, were granted 4200 acres so as they take it together in one place as compensation for Johnson’s original £400 venture in Common Stock. After Nowell’s death an additional 2000 acres was ceded in 1656 to Nowell’s heirs, and in 1657 the original grant reduced to 3200 acres. Records Massachusetts Bay , iii, 189, 418, 435. Rose-Troup estimates Johnson’s total venture at £600. Rose-Troup, The Massachusetts Bay Company and its Predecessors, 147.

817 “Sir Ferdinando Gorges Description of New England” 3 Collections Mass Historical Society vi (1837) 45-94; Adams, Three Episodes of Massachusetts History, 209; Newton, Colonising Activites of the English Puritans, 81-82.

155 ...Secretly Polluted Chapter 12. Untold Pangs Issues Unresolved

To tell those pangs which can’t be told by tongue818 Anne Dudley Bradstreet, 1650

n 1629 the Bay Corporation in London maneuvers to gain a Royal Charter and isolate its governance beyond the reach of Sir Ferdinando and the crown. At this critical I juncture Susan Fiennes-Clinton marries John Humfrey.819 His third wife,820 she stepmothers Humfrey’s three prior children by Elizabeth Pelham (I), and subsequently mothers eight of their own. With two possible exceptions, their identified children immigrate to and are baptised in the Bay colony. Their final issue is born upon return to England.821

818 Anne Bradstreet’s retrospect Childhood, a mother’s revelation of the secret pains of bearing and raising children. Bradstreet, “Of the Four Ages of Man,” in Hensley, ed, The Works of Bradstreet, 53; also noted in Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood, 325, n.105, 346, citing JH Ellis, ed., Works of Bradstreet (NY: 1932), 149

819 Rose-Troup, “John Humfry,” The Essex Institute Historical Collections, 1929, v. 65, 294-295; Morison, Builders of the Bay Colony, 65

820 Rose-Troup, “John Humfry” The Essex Institute Historical Collections, 1929, v. 65, 293-294

821 “Answer of Theophilus Earle of Lincoln to Mary Humphreys and George Humphreys Complaint,” 6 July 1652, Humphreyes v.Humphreys, Middlesex Chancery Court, PRO, C5/187/104. [See Appendix III. D. 2]. Dorcas, Sara, and Peter Humfrey were definitely born in England. Based upon Theophilus’ ordering of the Humfrey - Lady Susan children by gender and presumably by ordinal age, Nathaniel likely was born prior to Humfrey’s departure for New England, but the loss of early baptism records for Sagus-Lynn leaves the question open. However, Humfrey’s 1633 bond to Lady Susan and their joint progeny suggests an attempt to secure the dower interests of their eldest son (i.e., Nathaniel), born previously or in that year in England. Peter was born after their 1641 return to England and before Lady Susan’s 1644 death.

156 this family.. Ann Humfrey (1625-1695) Ann Humfrey is John Humfrey’s second daughter 822 by his second wife, Elizabeth Pelham (I).823 Born in England in 1625,824 Ann travels to the Bay in 1634 on the Planter with her father, brother John, stepmother Lady Susan, and half-sisters Dorcas, and Sara.825 It is unclear whether her sister Elizabeth and half-brother Nathaniel also are aboard. In the early 1650's Ann weds William Palmes (Palmer)826 of Ardfinan, Munster Ireland.827 Depositions by Eleanor Clark828 and Abigail Holbrook,829 daughters to Humfrey’s first New England agent Richard Wright, indicate the marriage took place in

822 Savage, Genealogical Dictionary of New England, ii, 496

823 Rose-Troup, “John Humfry,” The Essex Institute Historical Collections 1929, v. 65, 293-295, n.2

824 Ann Humfrey’s age and lineage has been misreported. One oft-cited source lists her mother as Susan Clinton; herself born in 1621. Browning, Americans of Royal Descent, 146. Ann Humfrey was baptized at Fordington (Fordingham) Dorset 17 December 1625, two years after sister Elizabeth. But reader beware: referring to English sources, historian Colket makes some significant errors including identifying the 3rd Lincoln Earl as “Theophilus” rather than “Thomas.” Colket, “The New England Children of Theophilus, Earl of Lincoln,” The American Genealogist, No. 58, Oct. 1938, xv(2), 123.

825 The Journal of John Winthrop, 119; Savage, Genealogical Dictionary of New England, ii, 495-496; Lewis and Newhall, History of Lynn, 200; Humphreys, The Humphreys Family in America, 79, n.++

826 Available records for William Palmes vary as to date of birth (1620-1626), marriage (1643?-?), and death (1670-1680). In his later “corrections,” Savage calls Palmes “Palmer,” adding that he died “perhaps as late as 1670; at least in 1671.” Savage, Genealogical Dictionary of New England, ii, 496; iii, 24. See also Avery, The Groton Avery Clan, 9; Buck & Beard, Pedigrees of some of the Emperor Charlemagne’s Descendants, 185; Browning, Americans of Royal Descent, 416; Faris, Plantagentet Ancestory of 17th Century Colonist, 141-145

827 Avery, John Humfrey. Massachusetts Magistrate, 3

828 Eleanor Wright (1621, d.after 1701) arrived in New England in 1630, settling with her family at Humfrey’s farm in Saugus. She married James Clark, and early settler at Braintree, Seekonk, and Rehoboth, who passed in 1674 at Muddy River (Brookline) leaving an estate of £158 to his wife and sons.”Early Rehoboth Familes and Events,” New England Historical & Genealogical Registry, July 1945 99:241-242

829 Abigail Wright (1623, d.after 1701) arrived in New England in 1630 with her sister and family. In 1640 she married Robert Sharp of Seekonk (later Braintree); in 1657 Thomas Clapp who died at Scituate in 1684. Her final recorded marriage (1696) was to Capt. William Holbrook who died at Scituate two years later. ”Early Rehoboth Familes and Events,” New England Historical & Genealogical Registry, July 1945, 99:242, n¶, citing Chamberlain, History of Weymouth, iii, 159, 60

157 ...Secretly Polluted either England or Ireland.830 Their marriage may have been encouraged by Cromwell’s plan for resettlement in Ireland by New England Calvanists or land granted in Tipperary to her new husband, father, or brother John for military service compensation.831 Salem,832 Wales,833 and Boston have also been suggested as possible wedding sites. Three of their four children are born in Boston: (1) Jonathan Palmes in 1657, (2) Ann Palmes in 1659, and (3) Elizabeth in 1661.834 Ann (Humfrey) gives birth to (4) Susan Palmes in 1665 in New England, Wales or Ireland.835 In 1654 one Capt. William Palmer has a house at West Gate Lane in Clonmel. By Iffa and Offa hearth tax census of 1664 Capt. William Palmer, Gent., is assessed on his 3 hearth home in Ardfinnan in the parish of Rochestown.836 Palmer (Palmes) passes away before 1679, as in that year widow Ann Humfrey returns to New England with their four

830 Ann Humphryes: who was afterwards married to one mr Palmes in Ireland or England. “Depositions of Eleanor Clark and Abigail Holbrooke” copied from Essex County Court Files, 29 December 1701, in HF Waters, “Documents Relating to Col. John Humphreyes Farm at Lynn” New England Historical and Genealogical Register, xxxi, 1877:307, 308

831 Revs. Samuel Whiting and Thomas Cobbett of Lynn were party to the remigration discourse, ultimately rejecting the proposition. Even after Cromwell’s 1654 termination of the plan, several New England families moved to near to William Palmes’ Ardfinnan turf near Munster in county Limerick. Strong, “A Forgotten Danger to the New England Colonies,” in Transactions American Historical Association (1898), 85-89. Did Ann Humfrey and husband Palmes participate in this venture? Did brother John gain land in Ireland due to his father’s early 1642 venture or his own 1649-1650 involvement in the Irish campaign?

832 Savage (absent source citation) sets the marriage at Salem. Ann, the eldest daughter was married at Salem, probably to William Palmes. Savage, Genealogical Dictionary of New England, ii, 496

833 Ann Humfrey’s old Salem minister Rev. Hugh Peter was busy in Swansea, Wales in 1648, promoting the Puritan cause, provisioning, and prasing the army. In 1649 he was commissioned Colonel by Cromwell to organize a supply regiment out of Milford Haven during the Irish Campaign. Around this juncture Peter appointed her brother John Humfrey as his agent. Stearns, The Strenuous Puritan: Hugh Peter, 318-318, 355. Perhaps Humfrey or Peter helped arrange Ann’s marriage.

834 Avery, The Groton Avery Clan; 9

835 Authorities differ on her birthplace. Susan (Susanna) Palmes married 25 October 1686 (or 26 October 1685) at Swansea, Massachusetts (or New London, Connecticut) to Samuel Avery (1664 - 1723). Susan died on 2 Oct 1747 at Groton, Ct. Avery, The Groton Avery Clan, 9, 114-115; Avery, John Humfrey. Massachusetts Magistrate, 3, 18

836 Burke, History of Clonmel, 246, 452. Palmer (absent further identification) is listed as one of five preachers serving Ardfinnan in the second half of the 17th century. Idem, 254

158 this family.. children, as later attested by Nehemiah Walter837 who at age 16 sails in her company.838 Ann then weds minister Rev. John Myles839 whose congregations at Rehoboth and Wannamoiset-Swansea (later Barrington) are among the earliest Baptist churchs in Massachusetts, and the fourth or fifth such in the New World.840 Acting under the authority of husband in 1681, Ann Humfrey appoints merchant son-in-law Griffin Edwards of Boston as her legal representative, intiating suit to recover her father’s New England estate.841 Two of Ann’s Boston-born Palmes children, Jonathan and Elizabeth, are linked to

837 Nehemiah Walter was born in Youghall, Ireland in 1663, early on learning the upholstery trade. The marketing center of Youghall served as close trading partner with flourishing wool and textile merchants of Clonmel during a post-Cromwell era marked by political and religious ferment. Emigrating in 1679 with his merchant father, Thomas Walter, Nehemiah enrolled at Harvard in the company of Samuel Myles, son of Rev. John Myles, both graduating in 1684. At Roxbury in 1688 Nehemiah became teacher, then preacher with Rev. John Eliot, and in 1691 married Sara, 3rd daughter of Harvard president Increase Matther. Sibley, Graduates of Harvbard University, 294-300, 287-293; Burke, History of Clonmel, 106 . See also Savage, Genealogical Dictionary of New England, iv, 403

838 “Deposition of Nehemiah Walter” (December 20, 1701),“Documents Relating to Col. John Humphreys’s Farm at Lynn,” from Essex County Court Files, New England Historical & Genealogical Registry, 1877, 31: 3008

839 Lewis and Newhall, History of Lynn, 200; Humphreys, The Humphreys Family in America, 90, n.‡, citing Savage in Aklen’s Biographical Dictionary, 577

840 John Myles (1621/22-1683) was founder of the Baptist meeting at Ilston, South Wales in 1649. He accepted Calvin’s creed of predestination, but offered baptism only at an “age of understanding,” an anti- peadobatism practice pejoratively termed “anabaptism.” Prominent in the Act for the Propagation of the Gospel of Wales (1650) and Trier for the Committee for the Ejection of Scandalous Ministers (1654), he played a signicant role in Cromwell’s attempts to broaden national church polity. Ejected upon passage of the Restoration Act of Uniformity of 1662, the 40 year-0ld Myles brought his church records and adherents to the Plymouth plantation. He founded his own first Baptist church at Rehoboth, upon schism reorganized at Wannamoiset, renamed Swansea. In 1673 Myles became Swansea’s the first schoolmaster, providing instruction in Latin, Greek, and Hebrew. King, Rev. John Myles, 8-9, 40 41. Forced to Boston by war with the Indians from 1675-1679, he succeeded dissident Baptist Rev. Thomas Gould as minister of the First Baptist Church of Boston. The Diary of Samuel Sewall, ii, 1114. He likely married the recently returned Ann Humfrey in 1680. returning to Swansea in 1681 upon a town promise of "servant, horses, cart, and other conveniences," Myles passed away in February of 1683. His reverend son Samuel helped build the Anglican church in New England with direct patronage from the English throne. Humphreys, The Humphreys Family in America, 90-91, citing Baylies, Memoir of Plymouth Colony, vol. 1, 243, 249; Essex County Probate Records, i, 366, citing Quarterly Courts of Essex, vi, leaf 18 (pp 137-138); Lewis and Newhall, History of Lynn, 200

841 Records and Files Quarterly Courts of Essex, vi (1675-1678), June 1681, 137.

159 ...Secretly Polluted this action.842 Sometime before 1681 Elizabeth marries Boston’s Griffin Edwards.843 On 17 January 1681 Jonathan Palmes requests that Edward Richards844 of Lynn come to Boston to aid the said Griffin Edwards his brother, in the settling of the Humfrey estate.845 Indian fighter and Rumney Marsh landholder John Floyd, aged about forty five years, attests that being at John Mieles house the last spring he heard Miels and his wife say that

842 Avery, The Groton Avery Clan, 9

843 Records and Files Quarterly Courts of Essex, vi (1675-1678), June 1681, 137; Essex County Probate Records (1635-1664), i, 366, citing Salem Quarterly Court Records, vol.6, leaf 18, and Essex County Quarterly Court Files, vol.35, leafs 149, 151; Savage, Genealogical Dictionary of New England, ii, 103. Little is known of Ewards. In February 1680 Boston brewer Phillip Squire made 40£ bond that Griffin Edwards not be chargeable to the Towne. Record Commissioners of Boston (Boston, MA:Rockwell and Churchill,1886) 70. In June Edwards deposed in the matter of a vexatious suit about a seizure of the pink Expectation of Boston, a 180 ton flat-bottomed narrow-stern merchant vessel sailed from Cork, Ireland. “Edward Randolph to the Commissioners of the Customs, 7 & 10 June 1680, Boston" CSP Colonial. America and West Indies: 1677-1680, x (1896), 544-559

844 Carpenter Edward Richards (1616-1678) may have helped construct Humfrey’s first home at Saugus. In 1633 he testified that Edward Tomlins was not to stop or hinder the alewivves to go up to the great pond by his construction of a mill dam. Lewis and Newhall, History of Lynn, 127, 143. Frequently in court, Richards witnesssed against John Ingalls and Mary Bentley in 1644 for wanton dalliance, but was fined for unwarrantable claims. In 1645 he was fined for false boasting. In 1646 he appeared drunk on artillery training day. That same year he witnessed against John Blood’s “mutinous words in a public place.” Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):262-263, ns.163, 165, 170 (on p.300) citing Quarterly Courts of Essex, i, 60, 83, 99, 108, 133. In 1645 Richards sued Ottley and absentee Humfrey, probably for back-pay. Richards then marketed the brass from the windmill, and the following year the windmill-hill. Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):262-3, n.168, 300, citing Quarterly Courts of Essex, i, 78; n.169; v, 317. See also Lewis and Newhall, History of Lynn, 127. Richards sued Joseph Armitage for slander in 1651 in a dispute centering on Rev. Thomas Cobbett’s alleged disparagement of Lynn iron works manager John Gifford as “scum.” Johnson, idem, 264, n.190, citing Quarterly Courts of Essex, i, 256. In 1653 Cobbett pressed Gifford to permit an on-site commion to investigate the questionable accounts of the failing iron works. Hartley, Ironworks on the Saugus, 217, citing Ironworks Papers, 176-177; Essex records and Files, ii, 75. In 1661 Richards age around forty deposed that he carried the payments when John Humphrey, Esq. employed Mr. Dellingham to purchase Rumney Marsh. Quarterly Courts of Essex (Nov. 1661), ii, 330-331, n.†

845 Records and Files Quarterly Courts of Essex, vi (1675-1678), June 1681 Essex County Probate Records (1635-1664), i, 366-367, citing same [original style] Essex County Quarterly Court Files, vol. 35, leaves 149, 151. On 28 June 1681 Edward Richards testified that he knew that John Miles and Anne his wife, constituted their son Griffin Edwards, their lawful attorney, to act in their behalf in all their demands of lands that they laid claim to as their right in New England, that formerly was by grant given to Col. John Humphreys as a patentee

160 this family.. they had appointed Griffin Edwards their attorney.846 Ann’s purpose is to inventory and claim any remaining Humfrey estate in New England. To verify her right as sole living Humfrey legatee, she produces a certificate under the hand of the Mayor of Clonmell, Ireland,847 and attested by several.848

846 Records and Files Quarterly Courts of Essex, vi (1675-1678), June 1681, 138; Essex County Probate Records (1635-1664), i, 366-367, citing Essex County Quarterly Court Files, vol. 35, leaves 149, 151. John Floyd (1636-1701) lived in Lynn as early as 1643. From 1661-1668 five of his children were born there and several more recorded on the Chelsea-Malden (now Revere) side of the Lynn boundary where Floyd collected taxes, surveyed, rented and maintained extensive holding in Rumney Marsh. Chamberlain, Documentary History of Chelsea, i, 178-181; Cutter, Genealogical and Personal Memoirs, iv, 2074. In 1673 mr [f]loyd secured a judgment as Rumney Marsh constable just preceding the Council’s order that Thomas Humphrys [Humfrey] be constable at Kennebeck for this yeare. Records Court of Assistants, i, 1673-1692, 11-12, 77. In 1676 Floyd served in King Philip’s war in 1676 and from 1689-1693 in the King William’s Eastward border wars of 1689-1692. In 1689 New England royal governor Edmund Andros rebuked Floyd for troop desertions at Saco River; while the January 1692 Candlemas massacre atYork (Agamenticus, Maine) under his watch provoked rumours of consort with the Wabanakis, the French, and the Devil. On 28 May the Salem court heard a complaint against Martha Carrier which included Capt John flood (Floyd) of Rowley marsh on boston and nine others for sundry acts of Witchcraft...Committed on the Bodys of Mary Walcott (18), Abigail Williams (11), Marcy Lewis (19), Ann Putnam (12) and unnamed others. On August 11th, self-confessed 22 year-old witch Elizabeth Johnson Jr, testifying before Salem magistrates including Jon’ Hauthorne, Esq’r, swore she saw Cap’t floyd at a witches meeting and that she and Floyd with three others had Joyned: together: to hurt Jos Ballards wife. The same day Phelpses daughter (Sarah, 12) one of the afflicted, claimed that Capt floyd was upon a cloth previously held by alleged witch Abigail (Dane) Faulkner. Johnson served 6 months in prison; Faulkner gained reprieve by pregnancy; Carrier hung. Neither arrested nor tried, Floyd was later awarded 20£ for distinguished service. He passed in 1701. Boyer and Nissenbaum, The Salem Witchcraft Papers, i: 183, 328; ii: 504-505. See also Mass. Archives, Salem...Witchcraft, vol. 135, Nos. 34 and 162. Norton, In the Devil’s Snare, 184-185, n.63, 379, 255, 276, 321; Winsor, Memorial History of Boston, i, 76; ii,382, n.1; Savage, Genealogical Dictionary of New England, ii, 176

847 Francis Hopkins served as Mayor of Clonmel from 1673-1683. From 1650-1656 Clonmel had no mayor, but rather a military governor. In 1654 chandler Hopkins leased a Clonmel house and five acres. His residence tax in 1660 was based on five smoakes (firehearth). In 1666 he possessed a slate house previously owned by Nicholas White fitz Henry. Burke, History of Clonmel, 245, 106, 256, 332. No kinship to Edward Hopkins (1600-1657) Connecticut Governor, Parliament’s Navy Commissioner, and fellow Humfrey trustee for disposition of the King’s estate, has been established. At his death in England Edward Hopkins bequeathed £500 to Harvard, survived only by his wife Ann (Yale) Hopkins (1615-1698). She did meddle in suche things as are proper for men (reading and writing) an consequently fell into a sadd infirmyte of reason and understanding lasting some 50 years. Savage, Genealogical Dictionary, ii, 461; Journal John Winthrop, 570, n.61

848 Essex County Probate Records (1635-1664), i, 366-367, citing Salem Quarterly Court Records, vol.6, leaf 18, and Essex County Quarterly Court Files, vol. 35, leaves 149, 151; Savage, Genealogical Dictionary of New England, ii, 103. Sole-survivor first-generation descendent certification was crucial to Ann Humfrey’s claim to the Humfrey estate in New England, which presumed the extinction of sibling or

161 ...Secretly Polluted In 1683 Myles expires, survived by his children by prior marriage, Susanna, John, and Samuel, and his wife Ann.849 Ann carries on until 1695 when she too passes on.850 Her life remains noteworthy for the embrace of anabaptism represented in her final marriage, the nominal identification of her Palmes offspring with her forbears,851 her use of the Earl of Lincoln’s family seal, and her claim to sole Humfrey heirship in her final years.852

Nathaniel, Theophilus, Thomas Humfrey At the time of the disclosure in 1641 Humfrey’s other young sons identifiable through baptism at Salem are Theophilus and Thomas, ages four and five respectively.853 Plausibly suspect is Nathaniel Humfrey, the oldest son of Humfrey and Lady Susan. He is

half-sibling challenge to her legal right to the property. But why did the certification issue from the chief administrative officer of Clonmel (Clonmell) Ireland, unless other Humfrey children had emigrated to that spot either with or without sister Ann? And who were the other several witnesses? Perhaps they included Rev. Samuel Ladyman (1625-1684), one of 30 ministers brought to Dublin by Lord Deputy Henry Cromwell in 1658 to review church finance and practice. At the Restoration Ladyman was named vicar of Clonmel with an annual salary of £170, later Doctor of Divinity and archdeacon of Limerick. He was buried at St. Mary’s, Clonmel, in February 1684. Concise Dictionary of National Biography, 739

849 Rev. Samuel Myles was the third rector of the King’s Chapel in Boston, the first established Anglican church in Massachusetts. He served from 1689-1728. In 1696 he traveled to England for aid, returning with furnishings provided by Queen Mary for the chapel. The Diary of Samuel Sewall, ii, 1115; i, 353, n.11. Myles, an outspoken opponent of Judge Samuel Sewall’s conduct in the Salem witchcraft trials, also preached vehemently against Scism. Idem, 85, n.34, 354, n.16, 470. He and brother Capt. John Myles upset Magistrate and diarist Sewall on more than a few occasions Mary. Idem, 527, 601; ii, 761

850 Humphreys, The Humphreys Family in America, 91, citing Savage Genealogical Dictionary of New England. Given Ann’s age (mid 50's) and brevity of marriage to Myles, the children were the issue of John Myles by prior marriage. For males, John was the most popular name of the day, closely followed by Samuel. Number one with female infants was Anne, one of the female prophets (others Abigail, Hannah, Deborah, and Huldah). Fischer, Albion’s Seed, 95

851 The names of first generation Palmes-Humfrey progeny appear to commemorate their immediate Humfrey ancestors: Jonathan Palmes named for grandfather John Humfrey; Ann Palmes, after her mother; Elizabeth Palmes for her aunt or maternal grandmother. Susan Palmes was likely named for her step- grandmother, Lady Susan Humfrey, and her 5TH child was baptized Humphrey Avery on 4 July 1699 in honor of the Humfrey descent. Avery, The Groton Avery Clan, 9, 114-115 Avery, John Humfrey. Massachusetts Magistrate, 3, 18

852 “I have in my possession a deed signed by her, and sealed with the arms of the house of Lincoln.” Alonzo Lewis, in Lewis and Newhall, History of Lynn, 200. The use of the Lincoln family seal is curious, perhaps justified by extended Puritan family presumed equal by blood descent and marriage. See Morgan, The Puritan Family, 152.

853 White, New England Congregationalism: Early Records of the 1st Church in Salem, 17; Humphreys, The Humphreys Famiily in America, 87

162 this family.. presumably pre-pubertal (age 7-11), wherefore a capacity for insemination appears unlikely. Nathaniel’s age and presence in the Bay remain speculative.854

Nathaniel Humfrey Nathaniel Humfrey is.the second son of John H. Of Westminster, Middlesex, Esq., probably born between 1630-1633.855 A record of his presence in New England is nowhere forthcoming. He gains admission to Gray’s Inn on July 6, 1650.856 By Theophilus Earl of Clinton’s attestation, he is still alive in 1652.857 Finally, he is recorded in marriage to widow Elizabeth Scott at St. Margaret’s Church, Westminster on 18 April 1655.858

Theophilus Humfrey Theophilus Humfrey is baptized at Salem 24 January 1637,859 presumably named for his maternal uncle, Theophilus, Earl of Lincoln. He is still alive in 1652 by the Earl’s

854 “Answer of Theophilus Earle of Lincoln defendant to the Bill of Complaynt of of Mary Humphreys widdow and George Humphreys complts.” (July 6th 1652), PRO C5/387/104. [Appendix II.C ]

855 “Nathaniel Humphries,” Joseph Foster, The Register of Admissions to Gray’s Inn, 1521-1889, folio 1056, 6 July 1650, 254. [Google Book Search]. The average matriculant to Gray’s Inn was 17, with 70% admitted between that age and thirty. Finkelpearl, John Marston of the Inner Temple: An Elizabethan Dramatist in his Social Setting, 5. If Nathaniel entered at age 17, his birth would have been born in 1633, and his married at age twenty-two. [see note following]

856 “Nathaniel Humphries,” Joseph Foster, The Register of Admissions to Gray’s Inn, 1521-1889, folio 1056, 6 July 1650, 254. [Google Book Search]

857 “Answer of Theophilus Earle of Lincolne to the Bill of Complaynt of Mary Humphreys wdidow and George Humphreys” [July 6th 1652], in Humphreyes v. Humphreyes:Middlesex, PRO: C5/387/104. The supposition that Nathaniel was Humfrey’s oldest son out of Lady Susan rests on Theophilus’ testimony that places the sons in a putative birth order, older to younger, based upon the correct ordering of the three sons baptized in Salem. Winthrop’s account and trial records confirm two years age difference Dorcus and Sara, marking their respective births in 1631 and 1633. By Humfrey’s marriage to Lady Susan no earlier thant 1629, Nathaniel could have been born either in 1629, 1630 or in 1632. The inference that Nathaniel was born around 1632 is based upon (1) Humfrey’s delayed departure to New England in that year and (2) that the birth of Nathaniel, their first joint male induced his June 1633 Jointure Obligation conferring an exclusive survivor bond to wife Lady Susan and their mutual progeny.

858 Nicholson, “The Parentage of Thomas Humfrey of Dover, New Hampshire and Kennebec, Maine,” [private communication]

859 White, New England Congregationalism: Early Records of the 1st Church in Salem, 17; Humphreys, The Humphreys Famiily in America, 87

163 ...Secretly Polluted deposition.860

Thomas Humfrey Thomas Humfrey, baptized a year later on 26 August 1638, similarly honors his grandfather, the former Earl.861 Despite their young age the Court finds the two brothers culpable and hence they are referred to private correction.862 In July 1656 Thos. Humphry is authorized by Parliament to sail in the company of Lt.-Colonel Edward Tyson from England to the West Indies. He aims to join Col. John Humfrey Jr. in Jamaica.863 Perhaps Thomas seeks employment on his half-brother’s Ligonee plantation,864 land of his own under the generous inducements of Parliament, or military service along with Humfrey family loyalist Tyson.865 Whatever the personal plans, upon arrival in Jamaica the company finds Col. John and wife on the point of departure.866 Three years later in 1659, one Thomas Humphrey (Humfrey), distiller, pays taxes at Oyster River, Kennebec, Maine. He is a proprietor of record there in 1660, the same year also taxed at Dover, New Hampshire. On 19 July 1660 Thomas is (re)baptized as an adult at Hingham. In 1665 he marries Hannah Lane of that same town.867 That same year Humfrey swears his allegiance to the King, is appointed Clerk of the Writs in the

860 “Answer of Theophilus Earle of Lincoln defendant to the Bill of Complaynt of of Mary Humphreys widdow and George Humphreys complts.” (July 6th 1652), PRO C5/387/104. [Appendix II.C ]

861 Theophilus Fiennes-Clinton and his father Thomas, the 4th and 3rd Clinton Earls of Lincoln respectively. Savage, Genealogical Dictionary of New England, ii, 496.

862 The Journal of John Winthrop, 371

863 Calendar of State Papers, Colonial, 1574-1660, 445; Coldham, Complete Book of Immigrants 1607- 1776, sec.ii, ch.51, 1656.

864 Calendar of State Papers, Colonial, Series 5, American & the West Indies, 1661-1668, 185

865 On Tyson career and Humfrey connections, see Appendix, text and notes following

866 See Taylor, The Western Design, 125. Assuming Tyson’s group departed in late July or August of 1656, Thomas Humfrey would likely have arrived in Jamaica in October. Taylor indicates Brayne authorized Col. John Humfrey’s (Jr) return upon his own arrival in December, Col. Doyley claims to have made that decision in October. Firth and Davies, Regimental History of Cromwell’s Army, ii, 723, n.5, citing Thurloe, iii, 603. [see text and notes below]

867 Davis, Noyes, and Libby, The Genealogical Dictionary of Maine and New Hampshire, 303; Savage, Genealogical Dictionary of New England, ii, 497; Humphreys, The Humphrey Family in America, 89-90.

164 this family.. Sagadahoc region868 and constable at Kennebec.869 In 1666 Thomas Humfrey sells land to Kennebec neighbor Rev. Ichabod Wiswell.870 In 1674 he swears fealty to Massachusetts upon the annexation of Maine.871 He serves there as Marshal for that entire county renamed Devonshire In June 1675 he and wife Hannah acknowledge a deed. 872 In 1677 sturdy native chief Metacom (King Philip) is terminated and the Indian war grinds to a halt in southern New England. But a humiliating capitulation at Boston ads new fuel to the fired-up down-east tribes. Ravaging coastal garrisons and seizing ships, the Indians severely disrupt critical trade in pelts and fish. Near sun-down of July 15 one recaptured Salem ketch docks at Marblehead. Capitulating to a savage crowd of Marblehead women, the two captive Indian men are stoned, decapitated with flesh newly pulled from their bones.873 Sometime in 1677 Thomas Humfrey of Maine is killed by Indians.874

868 In 1637 the senior John Humfrey was one of five commissioners named by Sir Ferdinando Gorges to oversee his newly granted Sagadahoc province, New Somersetshire. The Journal of John Winthrop, 224. [see text supra]. The north Sagadohoc region extended from the Kennebec river to St. Georges, Nova Scotia. It was renamed Devonshire (Devon) by Massachusetts in 1674. Davis, Noyes, and Libby, The Genealogical Dictionary of Maine and New Hampshire, 2. For the Bay claim to southern Maine, see Records Massachusetts Bay., iii, 392-393. In 1674, shortly after taking an oath of loyalty to the Bay Commonwealth, Thomas Humphrey (Humfrey) in 1674 was appointed militia commander for Sagadahock, one of 5 municipalities in Devonshire. Records Massachusetts Bay, v, 19-20. See also Wright, “Massachusetts Militia Roots: A Bibliographic Study,” Dept. Of Army and Air Force Historical Services, National Guard Bureau Washington p.36 of 37

869 Records Court Assistants, i (1673-1692), 12

870 Davis, Noyes, and Libby, The Genealogical Dictionary of Maine and New Hampshire, 710. Rev. Ichabod Wiswell (Wiswall) was notable for his opposition to Increase Mather’s plan for the annexation of Plymouth Plantation into the Massachusetts Bay. Savage, Genealogical Dictionary of New England, iiii, 375

871 Savage, Genealogical Dictionary of New England, ii, 497

872 Davis, Noyes, and Libby, The Genealogical Dictionary of Maine and New Hampshire, 303

873 Axtell, “The Vengeful Women of Marblehead: Roubert Roule’s Deposition of 1677,” The William and Mary Quarterly Quarterly, Oct. 1974, 3rd series, 31(4:647-652)

874 A 23 April 1677 report asserted that Kennebec River settlers were left by the army at the mercy of the Indians. Davis, Noyes, and Libby, The Genealogical Dictionary of Maine and New Hampshire, 20, citing Doc. Hist., vi. 164 (Mass. Arch., lxix, 117). Sarah (Hackett) Smith testified that Thomas Humphrey was killed by Indians. Idem, 303 [date of testimony not given]. Her father was Dover/Kennebec denizen William Hackett, perhaps also from Lynn. Savage, Genealogical Dictionary of New England, ii, 327. His will was proved 16 Oct. 1688, naming a son who later died at Hingham. Davis, et.al. Idem, 303. It is not known if these Hacketts were kin to young Salem servant William Hackett, sentenced to death for

165 ...Secretly Polluted Joseph Humfrey (1640-1669) Joseph Humfrey is baptised on 5 April 1640 in Salem.875 He is one and a half years of age when his parents depart the Bay bound for England in late October 1641. Although his residence as a young child is not recorded,876 he is later identified as Joseph Humfrey of Lynn.877 On 25 June 1661 the Salem Quarterly Probate Court appoints Joseph Humfrey and Edmond Batter878 co-administrators of John Humfrey’s remaining estate in New England.879 On 19 March 1662, the administrators file a trespass action against Moses Maverick, et.al., for possessing & feeding & otherwise occupying the Plaines Farm near Marblehead containing seven or eight hundred acres.880 In turn, respondents claim title based on court findings of 6 September 1642 which (1) grant judgment to Mrs. Lydia Banks881 against the senior Humfrey in the amount of £100 13s for damages and costs , and

bestiality in December, 1641. See The Journal of John Winthrop, 374

875 Humphreys, The Humphreys Family in America, 87

876 Dorcas Humfrey was the only Humfrey child residing at Lynn in March 1644. “Thomas Cobbett to John Winthrop,” Collections Massachusetts Historical Society, i(5s), 333-335

877 Savage, Genealogical Dictionary of New England, ii, 496; Humphreys, The Humphreys Family in America, 87

878 At Salem court in 21 Sept. 1681, Batter deposed that he did not at all joyne with Jospeh Humphreys in that acon [action] protesting that Humfrey would try all that formerly hade been his fathers...and put my Name with his own. Records and Files Ipswich Quarterly Court, Sept. 1681, 179

879 Humphreys, The Humphreys Family in America, 88

880 Cronin, Records of the Court of Assistants, iii, 2; “Humfrey estate administrators Joseph Humfrey and Edmund Batter also claimed five hundred acres of land by a pond of fresh water in Lynnfield.” Lewis and Newhall, History of Lynn, 200. This describes the Ponds Farm rather than the Plaines Farm. The Ponds Farm at the western edge of Lynn (now Lynnfield) was granted to Humfrey by the General Court in February 1638. Four years later it passed to Robert Saltonstall by an earlier debt default judgment against Humfrey entered on 6 December 1642. Records Court Assistants, iii, 5-8; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):248-252, n.46, 293

881 Well-connected Lydia Banks (Bankes, Banckes) (c.1810-1690?) of Maidstone, Kent, had Lancashire ancestry dating to the 14th century and earlier. She appeared at Salem in 1636, likely in the household of brother John Banks. Before returning with him to England in 1642, she engaged as her agent brother-in law William Hathorne. CE Banks, “Pedigree of Bankes,” in Waters, Genealogical Gleanins in England, NEHGR, li (1897), 262-264; Waters, ibid., 265; Felt, Annals of Salem, ii, 586; Aspinwall, Notarial Records, 270; Records Court Assistants, iii, 2-4; Record and Files Quarterly Courts of Essex, viii, 177; Perley, History of Salem, i, 198; Pope, Pioneers of Massachusetts, 31. For the next two decades, Banks pressed Hathorne for Plaines Farm compensation (including rents for cattle and other holdings). At suit in

166 this family.. (2) against mr Abra: Oatly in the amount of 20£.882 By virtue of attachment for these unpaid debts, on 24 September 1645 attorney William Hathorne883 sells the plaines farme being 400 acres more or less wth all ye housing for £123 to Rev. William Walton, John Legge, Moses Maverick and other the inhabitants of Marblehead. The 1666 Humfrey estate suit is replete with multiple depositions from a number of Humfrey associates, but remarkably few men of higher standing. Ye Jury find for ye Defendant costs of court 26s.884

Suffolk County Court in July 1664 spinster Banks, represented by attorney William White, claimed £250 due from Hathorne, but was awarded only £56 15s 7d. In 1675 Hathorne, to balance all accounts, transferred to her 42£ 15s. Record and Files Quarterly Courts of Essex, viii, 175-180; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4): 291n.46. In his 1669 will, Caleb Banckes left his sister Lydia £10 and a messauge &c. in Maidstone. She also received annual interest on £100 by the 1653 will of niece Elizabeth Andrews, daughter in-law of London alderman Thomas Andrews. Waters, ibid., 265-267. Lancashire records from 1685-1688 cite widow Lydia Banckes for not mending the wall ... not repairing the little bridge, and not removing the great stone before her house in Millgate. Calendar of Wigan Borough Court Leet Rolls (1685-1688), 56, 57, 60

882 Was the Plaines farm truly sold by Ottley for twelue pound to said mr frende.(John Friend, Frende), seauen pounds then turned over by Friend to John Deacon? Deacon’s deposition speaks only of a peece of land & a house, with a parenthetical addition (which sd land is yt land that is now in controversy.) “Deposition of John Deacon,” Records Court Assistants, iii, 3. Documents contained in the 1662 litigation (Essex County Court files, viii, folios 126, 127; and Suffolk Court Files No. 448) indicate that Lydia Banks’ judgments against Humfrey (100£) and Adam Ottley (20£) nullified the £12 sale of the Howes & grounds of the Plaines farm to unpaid contractor John Friend (Frend, Freind). Ottley’s “sale” of the farm may have been a tactic to protect Humfrey assets from attachment; similar to his transfer of oxen to farmer Thomas Dexter. Idem, 3-5. Considering that Humfrey received 1000£ for his original Saugus-Lynn farm a few years previous, this suggests either a spectacular deflation, a fraud, or a settling of accounts not appearing on the record. Perhaps its was not the huge Plaines Farm (Marbelhead-Salem boundary) but Humfrey’s Salem village lot/house that was the property in question.

883 In 1630 William Hathorne (1607-1681) entered the Bsy aboard the stoutt Arbella, moving from Dorchester to Salem in 1633. His marriage to Lydia Banks sister, Anna (?Johnson), produced 8 children, including John Hathorne (Hawthorne) who in 1692 officiated at the Salem whitch trials. Perley, History of Salem, i, 284-286; note supra. Pope, Pioneers of Massachusetts, 220. In 1657 Hathorne oversaw Ruben Guppy ‘s (Cuppie) less than twenty stripes when Guppy failed to appear in Salem court after accusing Richard Pitfold of beastiallitie. Records Court Assistants, iii (1657), 66-67. Guppy was early notorious for lying, stealing, blasphemy, and wife desertion; later for unlicensed ale sale and theft. “Thomas Gorges and Edward Godfrey to John Winthrop” (1 March 1641), Winthrop Papers, v, 323; Perley, History of Salem, ii, 118-119, 82, 186. Nathaniel Hawthorne honored yet tasked his “sable-cloaked, steeple crowned ancestor...a bitter persecutor, as witness the Quakers.” Hawthorne, Custom-House. Introductory to “The Scarlet Letter,” 11; Young Goodman Brown, 342-343; Main Street in The Snow Image and Other Twice- Told Tales, 82

884 Cronin, Records of the Court of Assistants, iii, 1-5. A complete list of the “Marblehead men” is included.

167 ...Secretly Polluted Marblehead men prevail, only to be challenged once again in 1681.885 Assuming jursidiction over a substantial portion of Maine, the General Court on 27 May 1663 grants Joseph’s petition for 300 acres of land at Yorkshire where it may be found, provided it hinder not a plantaion nor prejudice any former grant.886 Two months later Joseph Humfrey is Bound on a Voyage to England. He then devises by will and testament887 the same three hundred acres to Antypas Boys ffor ye use of his sonne Antypas Jurnr.888 He next settles all right & Title of my farme at Lyn889 on Richard Price.890 his son Thomas Price,891 and Mrs Elizabeth Pelham (II).892 In 1669 Joseph

885 Upon her return to New England, in 1681 Ann Humfrey again contested Marblehead’s title to the Plaines Farm, again to no avail. Record and Files Quarterly Courts of Essex, viii, 174-175; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):293, n.47, citing same; Lewis and Newhall, History of Lynn, 201

886 Records Massachusetts Bay 1646-1666, iv, 76. By context and concurrent appointment of William Hathorne as commissioner to Yorkshire (Maine/Massachusetts), Joseph Humfrey’s 1663 land grant was located in that jurisdiction.

887 Probate Records of Essex County,ii, 1665-1667:302-303, citing Suffolk County Probate Files, Docket, 611

888 Joseph Humfrey’s legatee, Antipas Boyce (Boyes, Boys, Boies), was a Boston merchant who in 1661 purchased large chunks of land in Kennebeck, Maine and Dover (Durham, New Hampshire) with fellow merchant Valentine Hill, later his father-in-law. The junior Antipas was born in 1661, 2 years old at the making of Joseph Humfrey’s will. Valentine Hill was selectman at Dover in 1651, chosen as Deputy and confirmed by the General Court on 18 May 1653. His will proved in 1667 named Rev. Thomas Cobbett who held mortgages on his property and called him brother-in law. Savage, Genealogical Dictionary of New England, i, 225; Davis, Noyes, and Libby, Genealogical dictionary of Maine and New Hampshire, 46, 274 ; Records Massachusetts Bay., iii, 308. It is notable that Thomas Humfrey was granted habitation in Dover in July 1660, the next year taking the oath of fidelity. Dover, NH Town Records (extracts), in Historical and Genealogical Registers, New England Historic Genealogical Society (Boston, Drake: 1847), vols. 1-50, pp 246-250; Savage, Genealogical Dictionary of New England, ii, 497 [see notes supra].

889 Probably the Sagamore Hill Farm so much in dispute. “Estate of Joseph Humfrey of Lynn,” Probate Records of Essex County, ii, 1665-1674, 301-302, citing Suffolk County Probate Files, Docket, 611; Quarterly Courts of Essex (Nov. 1672), v, 116-117

890 By 1644 merchant Richard Price was at Boston, willing property to his son Thomas in 1674. Pope, Pioneers of Massachusetts, 373. Might this be the same Richard Price who in 1640 prematurely terminated his service with master John Pickryn (Pickes, Pickrin, Pickering) of Pascataqua? Pickryn sat in the stocks at Salem in 1630 as accessory to theft, and was no-show at a 1635 Court in New Towne. Records of the Court of Assistants, 6, 61-62. Perhaps Richard was related to London merchant (and/or scrivener) Richard Price, a parishoner of St. Stephens Coleman Street, associated with Humfrey in support of the Irish Expedition and the Eluetheria Project, collaborating with Hugh Peter in close consideration of law reform,

168 this family.. is killed at Lisborne, victim of the sporadic violence in Ireland that continued long after the Restoration.893 His will is proved 23 October 1672 accompanied by deponent David Anderson’s894 statement that he helped to inter him.895

and active in the Levellers Agreement of the People. Brenner Merchants and Revolution, 398n, 421, 531- 532, 536-537, 539. Probably he same Richard Price was the Fifth Monarchy Man selected in London in 1653 as MP for North Wales. Trevor-Roper, Crisis of the Seventeenth Century, 367

891 In 1677 merchants Thomas Price and Edmond Batter were Deputies to the General Court from Salem. Phillips, Salem in the Seventeenth Century, 250. Another merchant Richard Price (Boston), arrived in 1658 at the age of twenty-two, the next year wed Elizaberth Cromwell with issue Thomas Price (Boston) in 1660. Elizabeth was daughter to privateer-pirate Capt Thomas Cromwell, who retired to Boston in 1646 to nurture a fortune contested by Bermuda agents of the Earl of Warick. Savage, Genealogical Disctionary of New England, iii, 485. See also The Journal of John Winthrop, 626-627, n.53; Winthrop Papers, v, 1645- 1649:98-99, 112, 340. Capt. Cromwell’s Boston grandson Thomas Price would have been three at the time of Joe Humfrey’s last will, too young to be Batter’s co-Deputy from Salem in 1677.

892 “Estate of Joseph Humfrey of Lynn,” Probate Records of Essex County, ii, 1665-1667:302-303, citing Suffolk County Probate Files, Docket, 611. Idem, 366, citing Salem Quarterly Court Records, vi, leaf 18. Elizabeth Pelham (II) was half-sister to Herbert Pelham (III). She was included in his will proved in 1676 “Pelham of Swineshead” Lincolnshire Pedigrees, iii, 767-768; Pope, Pioneers of Massachusetts, 351. Elizabeth died unamarried at Marshfield in 1706 at the age of eighty-three. Paige, History of Cambridge, Massachusetts. 1630-1877, 626

893 Joseph Humfrey did not die at Lisbon Portugal, an error passed from James Savage to subsequent historians. Savage, Genealogical Dictionary of New England, ii, 496; Humphreys, The Humphreys Family in America, 89. Rather, as deponent David Anderson testified, his killing took place in Lisborne. “Estate of Joseph Humfrey of Lynn,” Probate Records of Essex County, ii, 1665-1674, 302, citing Suffolk County Probate Files, Docket, 611. Lisburn (Lisborne, Lisnegarvy, i.e., “Gambler’s fort”) lies on the river Lagan in county Antrim, Ireland about southwest eight miles from Belfast and sixteen from the fortified port Carrickfergus. Sir Ffulke Conway settled there in 1622 with Welsh and English Protestants. Upon a 1627 grant from Charles I, Conway’s brother Secretary of State Viscount Edward Conway (Lord Killutagh) erected a castle and encouraged further English settlement. Conflict with the Irish Catholic-Old English coalition resulted in the sword and flame massacre of November 1641. After long conflict the fortified castle was secured in 1650 by Cromwell’s men, and by 1659 ratepayers included 357 persons of whom 140 were Irish. Upon the Restoration in 1661 Charles II allowed the town two members to Parliament and constituted the church a cathedral town. Encyclopedia Britannica (11th ed.), xvi, 773-774. But intense conflict continued through the century as the city became central to textile trade and iron mining. In 1689 Joseph Humfrey met his end at the age of twenty-nine in one such eruption of violence.

894 Was David Anderson the son of Shipwright John Anderson of Boston? If so David may also have died shortly thereafter, for in 1677 his father’s will bequeathed to heirs of his son, but not to David himself. Pope, Pioneers of Massachusetts, 17

895 “Estate of Joseph Humfrey of Lynn,” Probate Records of Essex County, ii, 1665-1674, 301-302; Savage, Genealogical Dictionary of New England, ii, 496, citing Probate Registry of Wills &c, vii, 251

169 ...Secretly Polluted Lydia Humfrey Lydia Humfrey is born January 1641,896 and baptized April 25, 1641.897 She is 9 months old when her parents depart for England. She is not in Lynn in 1644.898 No records confirm either her return to England or continued presence in the Bay. She is perhaps the first deceased of Humfrey’s children baptized in the Bay, dying sometime before 1652.899

Peter Humfrey Peter Humfrey is born after Humfrey returns to England in late 1641, prior to or perhaps attendent upon Susan Humfrey’s death in 1644. Peter is yet alive in 1652900

George Humfrey George Humfrey is the issue of John Humfrey’s fourth and final 1645 marriage to Mary Humfrey. George is called infant in her 1653 challenge to John Humfrey Jr.’s estate administration, one and one-half years after his father’s death.901

Mad Daughter? In all John Humfrey senior sires at least twelve children through four known wives and perhaps one child out of wedlock. The named children (in probable birth order) are

896 “Lucy Downing to John Winthrop Jr.,” Winthrop Papers, iv (1641), 311, n.2

897 Savage, Genealogical Dictionary of New England, ii, 496

898 “Thomas Cobbett to John Winthrop,” Collections Massachusetts Historical Society, i(5s), 333-335

899 Theophilus Fiennes-Clinton identified Humfrey-Lady Susan progeny still living in1652, but failed to include Lydia on his list. “Answer of Theophilus Earle of Lincolne to the Bill of Complaynt of Mary Humphreys wdidow and George Humphreys” [July 6th 1652], in Humphreyes v. Humphreyes:Middlesex, PRO: C5/387/104

900 “Answer of Theophilus Earle of Lincolne to the Bill of Complaynt of Mary Humphreys wdidow and George Humphreys” [July 6th 1652], in Humphreyes v. Humphreyes:Middlesex, PRO: C5/387/104. The supposition that Nathaniel was Humfrey’s oldest son out of Lady Susan rests on Theophilus’ testimony that places the sons in a putative birth order, older to younger, based upon the correct ordering of the three sons baptized in Salem. The inference that Nathaniel was born around 1632 is my own, based upon Humfrey’s survivorship Jointure Obligation to wife Lady Susan and progeny, entered into in June 1633. My assumption is that the birth of the first male heir of the couple, i.e. Nathaniel, provoked the agreement of 1633. From Winthrop’s account and the Massachusetts Bay Records, two years separate Dorcus and Sara, their births likely 1631 and 1633 respectively. Hence the dating of 1632 for Nathaniel’s birth.

901 “Complaint of Mary Humphreyes and George Humfryes, an infant son” Humphreyes v. Humphreys, 2 June 1652, Middlesex Chancery Court, PRO C5/387/104. [See Appendix II.D.1]

170 this family.. John Jr., Elizabeth, Ann, Dorcas, Nathaniel, Sara, Thomas, Theophilus, Joseph, Lydia, Peter, and George. In addition, Winthrop pointedly refers to Humfrey on his 1641 return to England as one who had a daughter who presently went mad.902 Possible candidates for this designation include (1) Dorcas or (2) Sara as a result of severe community reproach and isolation from parents, (3) Lydia, who disappears from the historical record,903 and (4) Elizabeth Humfrey about whom little is known. Any of these Humfrey progeny could have excited Ottley’s desperate 1644 letter to Winthrop.904 Other possibilities include (4) a daughter not emigrating or otherwise shielded from public disclosure; as perhaps (5) an illegitimate Humfrey child.905

902 The Journal of John Winthrop, 415. Winthrop’s use of the term presently to date the daughter’s madness implies a time after the Humfrey’s return voyage in Oct. 1641, perhaps after date 22 September 1642 on Winthrop’s retrospect. For when Winthrop actually put pen to paper, see Dunn, Idem, xxiii-xxvii

903 Historian Lilian Handlin (absent source citation) claims “Lydia went mad.” Handlin, “Review: McManus, Law and Liberty in Early New England: Criminal Justice and Due Process. 1620-1692,” The New England Quarterly, Dec. 1993 66(4):649

904 “Adam Ottley to John Winthrop” (ca. 1643), Winthrop Papers, iv, 365

905 See note supra, ref. “Sessions Book No. 12,” Hicks Hall August 1640, p. 28, in Middlesex County Records [England]. Calendar of Sessions Books, vols. 1-51, Jan. 1638/1639 - Sept. 1644, p.46

171 ...Secretly Polluted The Powering Ovt of The Seven Vials

172 this family.. I. H., To the Christian Reader906

906 John Humfrey’s preface, in Cotton, The Powring ovt of the Seven Vials (London: 1642. Printed for R.S., sold at Henry Overton’s shop in Popes-head Alley). “R.S.” likely refers to Humfrey’s long-term partner (Sir) Richard Saltonstall. Both were seasoned members of the original twenty-five man team organized in the 1630's to print and distribute Puritan works. Peacey, “Seasonable Treatises,” fromHartlib Papers, English Historical Review, June 1998, 113(452):667-678. Overton was also the 1642 vendor for the Adventurer-Privateers A Relation of the Svndry Occvrrences Ireland and William Ames The Marrow of Sacred Divinity (the latter printed by Edward Griffin), and numerous other titles including author H.F.’s account of the Chelmsford witch trials of 1645 held before Robert Rich, Earl of Warwick. H.F. A True and Exact relation of the severall informations, examinations, and confessions of the late witches, arraigned and executed in the county of Essex (London:1645. Printed by M.S. for Henry Overton and Benjamin Allen). [Google Web search]

173 ...Secretly Polluted Chapter 13. Winters Discourse Ceased Old Providence

But upon this the Winters discourse ceased, and projects for a warmer Country were husht and done. Johnson’s Wonder-Working Providence, 1641907

n 1629 storm, cold, fire, hunger, disease, wolves, snakes and insatiable insects attack the first swarm of Puritan transplants from England. One-third of the new settlers die I shortly after reaching the rocky North Atlantic shore. But the conjoined promise of a purified religious practice and free land assure a steady stream of new recruits. In 1630 the Bay Company establishes the legal premise for stealing land from the native inhabitants: As for the Natives in New England, they inclose noe Land, neither have any setled habytation, no any tame Cattle to improve the Land by, & soe have noe other but a Naturall Right to those Countries. Soe as if we leave them sufficient for their use, we may lawfully take the rest, there being more then enough for them & us908 Angry natives, schismatic visionaries, colonial adventurers, a debt-ridden English crown, and hostile Anglican church threaten the special Bay covenant sealed with an wrathful Lord God.909 The fur flies in challenge from the New Netherland’s Dutch, and in- fighting amongst Puritans, Pilgrims, Sectarians; and solitary traders in New Hampshire, Maine and Nova Scotia.910 Williams, trading at Wickford Harbor, secures a substantial

907 Jameson (ed.), Johnson’s Wonder-Working Providence, 1628-1651, 209

908 John Winthrop, Answers to Objections Against this Plantation (1629), Winthrop, Life and Letters of John Winthrop, i, 311-312. This doctrine of arrogation of ownership through land “improvement” has deep roots in western culture: they would account wheat & barley & vines & olives, to be the limits of Attica; by which they were taught to claim a title to all land that was cultivated & productive “Alcibiades to Athenians,” Plutarch’s Lives, 243

909 Capitall Laws. 1 If any man after legall conviction shall have or worship any other god, but the lord god, he shall be put to death. The Body of Liberties of 1641, No. 94

910 Bellingham’s concern over the fragile fur trade monopoly is expressed in his letter to Bradford of March 28, 1642: Another thing I should mention to you, for yee maintenance of y trad of beaver; if ther be not a company to order it in every jurisdiction among ye English, which companies should agree in generall of their way in trade, I suppose that ye trade will be overthrowne, and ye Indeans will abuse us. Bradford responds:

174 this family.. income through alliance with Narragansett Indians, merchant-traders and Puritan Lords in England.911 Yet despite all adversity, the Bay plantation grows and prospers by new migrants, births, hard labor, abundant land, low taxes, and booming trade. New England control over the lucrative fish and pivotal-pelt beaver trade is secured by the massacre of the Pequots in 1637.912 But early in the second decade poor soil and short harvests curtail food while dramatic declines in fishing and fur cancel exports.913 Plumeting property values discourage new investment and population growth. The huge migratory wave of the first decade recedes. Out-migration disrupts established congregations, labor, trade, credit, and capital. For the first time since its inception, the New England Bay Company cannot meet payments to investors and creditors in England.914 Unrest at home and a drum-beat of threatened foreign intervention compound poverty and isolation.915 The sudden fall of land and cattle, and the scarcity of foreign commodities, and money, etc., with the thin access of people from England, put many into an unsettled frame of spirit, so as they concluded there would would be no subsisting here, and accordingly they began to hasten away, some to the

As for trade? We...have been sorry to see the spoil thereof by others, and fear it will hardly be recovered. Bradford’s History “Of Plimoth Plantation.” 461-463

911 Bailyn, New England Merchants in the Seventeenth Century, 48-49, 58-59

912 In 1634 the beaver trade stake was estimated at an annual harvest of ten thousand pelts. Bourne, The Red King’s Rebellion, 42

913 Beaver pelts were still “thought to be very plentiful in 1640.” Bailyn, New England Merchants in the Seventeen Century, 59. But the fur trade was so depressed that Plymouth in 1640-141 offered the monopoly to anyone for £20. Morison, Of Plymoth Plantation 1620-1647 (1952) 319, n.4, citing Plymouth Colony Records, ii, 4, 10

914 The Journal of John Winthrop, 353

915 The year of Humfrey’s return to England in 1641-1642 saw “an unusually severe winter” and deepening economic depression. In 1610-1611 Galileo, Thomas Harriot, Johannes and David Fabricius, and Christopher Scheiner initiated the systematic observation of sunspot activity. The “Maunder Minimum” was an extended period from 1630 to 1710 of virtually zero sunspot activity, a “Little Ice Age” coinciding with New England immigration. This period of extended Solar depression correlated with significant economic depression and imputed moral back-sliding (termed succeeding generation declension), terminating elaborated community-wide fear of Satanic possession. Demos, Entertaining Satan, 376-379; Fischer, Albion’s Seed, 820, n.17. But the intense piercing cold may have undercut the slave trade, an institution based on monocrop development over an extended growing season and a sun-heat habituated captive labor force. Fischer, Albion’s Seed, 52-54

175 ...Secretly Polluted West Indies, others to the Dutch, at Long Island, etc.916 Excluded and rebuffed from the establishment of an hereditary aristocracy in New England, critical English political and investment support erodes.917 The Puritan Lords of England seek alternate avenues of profit in North America918 and the Caribbean.919 Some signal religious and political contacts in New England appear bent upon resettlement.920 Sounding the call for this new warmland dispersion is long time New England grantee, publicist, and provisioner Magistrate John Humfrey.

A Warmer Providence Dissatisfaction with the cold Massachusetts climate is apparent at the very beginnings of the Bay settlement. Writing from London in December 1630 to brother-in- law Isaac Johnson921 and Governor John Winthrop in New England, John Humfrey advocates that our choice people remove to the Connecticut River valley: For the place of fixing yourselves it is sollicitously agitated by manie good nd noble friendes where it were best and safest; to the South they conclude as it is warmer 922 That same year England’s Puritan Lords challenge Spanish domination of the

916 The Journal of John Winthrop, 414. Humfrey’s 1630 advice to Winthrop, wee go not away for Separation, is echoed a decade later in Richard Sadler’s account of Lynn to Long Island remigrants seekinng unwarrantable and unnecessary withdrawinge from the alleready visible church. Richard Simmons, “Richard Sadler’s Account of the Massachusetts Churches,” New England Quarterly, xlii (1969), 423; “Humfrey to Winthrop” (12 December 1630), Winthrop Papers, ii, 333.

917 The Journal of John Winthrop, 120, n.97 mr Humfrye brought certaine propositions from some persons of great qualitye & estate, (& of speciall note for pietye) whereby they discoverd their intentions to ioyne with vs if they might receive satisfaction therein.

918 One of the “warmer” New England plantations was Saybrook, chartered with men and ammunition and £2000 and settled in 1635 at the mouth of the Connecticut river. The Journal of John Winthrop, 157, n. 55

919 Kupperman, Providence Island 1630-1641, 322-325

920 Strong, “A Forgotten Danger to the New England Colonies,” Annual Report American Historical Association (1898), 80

921 Unlesse you settle upon a good river and in a lesse snowie and cold place ”John Humfrey to Isaac Johnson” (9 Dec. 1630), Winthrop Papers, ii, 329; Mass Hist. Collections, vi (4s), 1-4

922 “John Humfrey to John Winthrop” (12 Dec. 1630), Winthrop Papers, ii, 331-334; Mass. Hist. Collections, vi (4s), 10-12. See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 298, n.16

176 this family.. lucrative West Indies trade.923 A Puritan sister colony supported by piracy, tobacco, and servile labor924 is planted in the warm Western Caribbean off the Central American coast, some two-thousand leagues distant from the Bay. The Spanish Santa Catalina is rechristened Providence Island.925 From this time Humfrey’s own providence is intimately linked to the English Puritan elite. From the earliest days of the colony he is instrumental in the recruitment of ministers to the Commonwealth’s Godly purpose.926 He serves as prime intermediary in the beneficial transfer of funds, armaments, provisions, and promises to the Massachusetts Bay.927 Treasurer, lawyer, publicist, adventurer, merchant, and military supply coordinator, Humfrey incites, expedites, and defends Bay Company Puritan interests in England. Around 1629 Humfrey marries the Puritan Earl of Lincoln’s sister, Susan Fiennes- Clinton. In 1632 Council for New England president Sir Robert Rich, Earl of Warwick,928

923 After the Earl of Warwick’s unsuccessful 1627 privateering-piracy attempts to destroy Spanish shipping, Old Providence Isle served as a base for bucanneer attacks upon Spanish trade. The Puritan Lords initially resisted a black slave-based economy and island fortification. Newton, The Colonising Activites of the English Puritans, 260-26

924 In 1637 the Massachusetts Bay colony initiated a captive Indian slave trade with fifteen Pequot boys and two women intended for Bermuda but dropped by Capt. Peirce at Providence Island. The Journal of John Winthrop, 227, n.22. In 1638 Mr Peirce in the Salem ship, the Desire, returned from the West Indies after seven month. He had been at Providence, and brought some cotton, tobacco, and negroes. Idem, 246, n. 89. When the Island was taken by Spain in 1641 over half the 730-plus captives were slaves, mostly of African descent of all ages and both genders. Kupperman, Providence Island 1630-1641, 172, 172-175

925 Providence Island or “Old Providence” was called Santa Catalina by the Spanish and was situated in the western Caribbean, 110 miles east of present day Nicaragua. Andrews, The Colonial Period of American History, 497; Kupperman, Providence Island 1630-1641, 27 (map of English West Indies, 1630-1641)

926 Humfrey was charged with finalizing the March 1929 negotiations with Rev. Higginson for Salem. Records Massachusetts Bay 1628-1641, in Transactions and Collections American Antiquarian Society, iii/i, 26. He was also active in the early recruitment of Roger Williams, John Eliot, Thomas James (senior), John Cotton, Thomas Hooker, Samuel Stone, Nathaniel Ward, Thomas Parker, James Noyes, and Zachariah Symmes. Rutman, Winthrop’s Boston, Portrait of a Puritan Town, 1630-1649, 102-103

927 The Journal of John Winthrop, 119-121

928 The 2nd Earl of Warwick, Sir Robert Rich (1587-1658), as president of The Council for New England was instrumental in securing both the patent and with Secretary of State Lord Dorchester (Viscount Dudley Carleton, 1573-1632) the Royal Charter for the Bay Colony. By 1633-1634 unseated by Ferdinando Gorges as head of the Council, Warwick nonetheless continued to direct the Bermuda and Old Providence Companies founded in 1630. In 1643 the Earl was appointed head of the Parliament’s

177 ...Secretly Polluted grants Humfrey and other titled lords and gentlemen territory in Connecticut.929 A 2000£ investment by Lord Saye & Sele (William Fiennes) and Lord Brooke (Robert Greville) underwrites the new plantation at the mouth of the Connecticut River on the North shore of Long Island Sound.930 At Pasbeshauke, renamed Saybrook, the small garrison labors to stifle Dutch trade with the Connecticut Indians and control penetration in and out of western New England.931 Several of Humfrey’s close associates guide the venture. Henry Vane and Hugh Peter, arrive in the Bay in 1635 as agents for the enterprise. John Winthrop Jr., son of Bay Governor Winthrop, is appointed governor of the newly constituted Connectecott plantation the same year.932 With retinue in tow, hopeful master George Fenwick arrives the year following.933 But efforts to sustain the Saybrook plantation, led by military fortification expert Lyon Gardiner in settlement at the mouth of the Connecticut River, meet with marginal success. Lacking supplies and ministerial support the expected immigration fails to materialize. Labor problems are compounded by sporadic attacks from surrounding natives and the Dutch. The young Winthrop abdicates, and.Saybrook is eventually subsumed by its more populous and powerful Connecticut rivals removed from the Bay.934

Humfrey’s failed immersion in the Bay Humfrey himself arrives in the Bay in 1634. Seven years of public service ensue.

Commission for Foreign Plantations, which on 14 March 1644, at the persistent behest of Roger Williams, issued a patent of incorporation to the Narragansett Bay plantations (later Rhode Island) of Providence, Portsmouth, and Newport. “Warwick, Sir Robert Rich,” Encyclopedia Britannica (11th ed.), xxviii, 340; “Dorchester, Dudley Carleton,” idem, viii, 421-422; Journal of John Winthrop, 649-652, n.33; Andrews, The Colonial Period of American History, 402-403, 414;

929 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 295

930 The Journal of John Winthrop, 156

931 Black, The Younger John Winthrop, 95-96

932 The Council for New England’s 1632 patent for Connecticut was not acted upon until 1635. Humfrey; Lord Saye & Sele, Lord Brooke, Sir Richard Saltonstall, Charles Fines (Fiennes), George Fenwick, and others were original patentees. Sir Richard sent master carpenter Francis Styles (Stiles) of London with family and eighteen or so servants aboard his ship Christian to settle in the Connecticut river valley around Windsor. Stiles briefly embarked to England to report unpatented Massachusetts Bay settlements within Connecticut bounds, returning in the following year. Banks, Planters of the Commonwealth, 129-120; Stearns, The Strenuous Puritan: Hugh Peter, 93

933 Pope, Pioneers of Massachusetts, 164

934 Black, the Younger John Winthrop, 95-98

178 this family.. But trading failures, religous squabbles, political isolation, and property mismanagement, being brought low in his estate, weaken his resolve.935 By decade’s end Humfrey conspires with the Puritan Lords to remove and resettle many Bay citizens to Providence Island. The strategem targets not only yeomen, but an elite spiritual brain trust including Ezekiel Rogers,936 Charles Chauncy,937 and Hugh Peter.938 Assisting Humfrey in recruitment is the competent but disaffected Bostonian, Thomas Lechford, also offered a place of preferment.939 With the aid of cooper Thomas Venner of Salem,940 Humfrey recruits some 200-300 colonists to resettle Providence Island in the Carribean.941 Despite heavy fortification, Providence Island is vulnerable to Spanish attack due to distant governance, local schism, crop failure, export mismanagement, profiteering, and

935 The Journal of John Winthrop, 323

936 Rev. Ezekiel Rogers transferred his congregation from Rowley (Yorkshire, England) to their newly founded Rowley, Massachusetts Bay home in 1638, where he held forth against the remnant Antinomian heresy. Kupperman, Providence Island 1630-1641, 140, 255-256, n.95.

937 Bradford calls Chauncy a very larned man. Winthrop writes, a great scholar. The Journal of John Winthrop, 322, n.53 Chauncy was dismissed from Plymouth for his practice of baptism by immersion and contention that sprinkling was unlawful. Bradford’s History “Of Plimoth Plantation.” 456-458. On Nov. 2, 1640 Rev. Thomas Hooker (writing to son-in law Rev. Thomas Shepard) conceives stubborn Chauncy well fit for Providence Isle: how it is possible to keep peace with a man so adventurous and so pertinacious, who will vent what he list and maintain what he vents, its beyond all the skill I have to conceive. Mr. Umphrey, I hear, invites him to Providence, and that coast is most meet for his opinion and practice. Paige, History of Cambridge Massachusetts (1630-1877), 50

938 The Journal of John Winthrop, 347

939 Lechford, Note Book, 48; Kupperman, Providence Island 1630-1641, 255-256

940 Felt, Annals of Salem, ii, 577. Wine-cooper Thomas Venner (d. 1661) was freeman at Salem in 1638, later juryman and constable; moving to Boson in 1643, siring 2 duaghters and a son. Upon his return to London in 1651 he emerged charismatic leader of the Fifth Monarchist Men (with Humfrey friend Arthur Squibb), meeting in Swan Alley off Coleman Street. This Millenarian group, citing the succession of Assyria, Persia, Macedon, embraced John Cotton’s presage of the imminent downfall of Rome followd by a new Kingdom of Christ on earth. They demanded a clerical purge and an end to tithes. His fiery 1657 denunciation of Cromwell landed him in jail for two years. In 1661 he armed 50 followers to conquer the world for Christ, leading London riots in which twenty-two Londoners were killed. Convicted of treason and murder, Venner was stretched, hung, and quartered; his bloody remnants set upon the 4 gates to the city proper. Perley History of Salem, i, 424-425; Bremer, Congregational Communion, 206-207; Pope, Pioneers of Massaachusetts, 470; Brenner, Merchants and Revolution, 217; Fraser, The Lord Protector, 312; Concise Dictionary of National Biography, 1337;

941 Rose-Troup, “John Humfry” 298, citing Manchester Papers, No. 424

179 ...Secretly Polluted piracy. By Winthrop’s account, the Caribbean debacle diverts an estimated £60,000- £120,000 investment from the Bay.942 Winthrop blasts Humfrey’s remigration effort: 1. How dangerous it was to bring up an ill report upon this good land, which God had found out and given to his people, and so to discourage the hearts of their brethren, etc. 2. To leave a place of rest and safety, to expose themselves, their wives and children, to the danger of a potent enemy, the Spaniard. 3. Their subjection to such governours as those in England shall set over them, etc.943 Winthrop has powerful support in the Bay. As Winthrop puts it, the resettlement attempt was looked by the general court, and also by the elders, as an unwarrantable course...with disparagement of this country, (for they gave out that they could not subsist here,) caused us to fear, that the Lord was not with them in this way.944 Neighbors and Bay patriarchs including Salem neighbor John Endecott,945 deeply resent these efforts which appear tantamount to treason.946 Yet the Puritan Lords will not be deterred. Lord Saye & Sele sharply rebukes Winthrop for his intransigence and presumptuous insight into God’s Providence.947 In February of 1641 Humfrey (in absentia) is appointed by the Lords in London to the

942 The Journal of John Winthrop, 334. In a steamy note to Lord Brooke, Winthrop doubled his initial debt estimate to £120,000. Newton, The Colonising Activites of the English Puritans, 290, citing Coll Mass Hist Society, i (5s), 303. The 1630-1643 Massachusetts Bay investment ranged from £192,000-£200,000. Andrews, The Colonial Period of American History, 396, n.1, citing Johnson’s Wonder-Working Providence, 58, n.61, Cotton Mather’s Magnalia, i, 17, and Historical Manuscripts’ Commission, Pepys, 270. The Providence Island Company’s financial accounts were tangled in bitter legal dispute. In 1641 London merchants testified that the Parliamentary debt immunity invoked by several of the Lord adventurers had resulted in a cool uncollectible tab of £1,000,000. Kupperman, Providence Island 1630- 1641, 316, n.60-63.

943 The Journal of John Winthrop, 324

944 The Journal of John Winthrop, 323-324

945 The Journal of John Winthrop, 346

946 Strong, “A Forgotten Danger to the New England Colonies,” Annual Report American Historical Association (1898), 81-82

947 “Letter of Lord Say and Sele to John Winthrop,” (1640) Life and Letters of John Winthrop, ii, Appendix viii, 422-427

180 this family.. governor’s post of Providence.948 Humfrey at one stroke aquires broad authority over a new Puritan Central American dominion encompassing Central America from Cape Gracias a Dios and Providence Island through the Southwestern Caribbean.949 In the process he successfully negotiates a radical shift from land tenure by service and rent, i.e., socage, to private ownership and on-site governance; lessons hard won in New England.950 On 28 June 1641 the Providence Island Company in England commissions Emanuel Truebody951 to provide two New England ships, the Sparrow and the 140 ton Salutation, to be employed in transporting Capt. Humphreys, and others willing to accompany him, from New England to Providence 952 Meanwhile at Providence Island a deepening division between religious-merchant factions and a privateer-military cabal culminates in the 1640 arrest and deportation of two ministers and two councilors to England.953 In 1641 a small body of remnant congregants,

948 This commission represented a renewed committment by the Lords to the Providence Project with a substantive changes. Resident land ownership and local civil governmental autonomy subject to the agreement of the principal Members of such Colony were promised to Humfrey. The war council was disbanded. Kupperman, Providence Island 1630-1641, 323-324.

949 Newton, Colonising Activities of the English Puritans, 199-201, 292. John Pym, treasurer of the Providence Island Company, Edward Montagu (Lord Mandeville), William Fiennes (Lord Saye & Sele), Rober Greville (Lord Brooke), and Robert Rich (Earl of Warwick) controlled all company affairs after 1638. They reckoned Humfrey could defend, regulate, and establish a Puritan-merchant-military venture in Central America that had eluded all past efforts. Kupperman, Providence Island, 1630-1641, 311, 315

950 Kupperman, Providence Island 1630-1641, 325-326

951 Emanuel Truebody and Elijah Goose, both of New England, journeyed to England to meet and arrange with the Lords of Providence Island, the remigration of Humfrey and the transport of 100 men to the mainland of Cape Gracias a Dios (Nicaragua/Honduras), to further John Pym’s Parliamentary scheme to advance a Central American empire. Calendar of State Papers, Colonial, 1574-1660, 318, 320; Newton, Colonising Activities of the English Puritans, 292; Kupperman, Providence Island, 1630-1641, 321, n.2, citing A Speech Delivered in Parliament...Concerning the Grievances of the Kingdome, 38

952 In exchange Truebody was to receive twenty-five slaves, and his father William Truebody, was to be councilor and receive 400 acres within the patent. Calendar of State Papers, Colonial, 1574-1660, 320; Kupperman, Providence Island 1630-1641, 175, 324

953 The Journal of John Winthrop, 355-357, n.58. Councilmen Richard Lane and Henry Halhead, supported by ministers Hope Sherrard and Nicholas Leverton, were emprisoned after a futile attempt to oust the acting governor at Providence Isle, Andrew Carter. On forced return to England, the Providence Island Company found the prisoners guiltless and commanded their return at company expense. Calendar of State Papers, Colonial, 1574-1660, 319; Kupperman, Providence Island 1630-1641, 293. Leverton and Lane made the return voyage, only to find the island already in the hands of Spain. Newton, The Colonising Activities of the English Puritans, 305-306, n.9-10, citing Calamy, Nonconformist’s Memorial,

181 ...Secretly Polluted the rest of the church, being but five, appeals to the Bay colony for help.954 In May of 1641 the distant Caribbean plantation succcumbs to a heavily manned Spanish armada.955 But the news is late to the Bay. For in June or July of 1641, thirty men, five women, and 8 children in two small ships, each of about 30 tons are dispatched to Old Providence Island.956 Their captain William Peirce, is deeply apprehensive on his approach: their Pilate wondring he could not see the English colours on the Fort, he began to mistrust the Island was taken...as indeed it was by the Spaniards Nevertheless, Peirce ventures close. Confirming his worst fear, the small Bay vessels draw enemy ball and fire, and down goes one ship. The reknowned Captain turns back, but too late. The Spaniards, as soone as they tackt about to be gone, made shot at them...the Master of the Vessel was slain, the main sail shot through, and the Barque also Some few survivors drift to a nearby coast; driven by a quest for religous tolerance and liberty: so strongly bent for the heat of liberty...they made a voyage to another Island. The chiefest part of their Charter of Freedom was this, That no man upon pain of death should speak against another Religion The remains of the party with heavy heart return to the Bay on 3 September 1641.957 the people some of them returned back again for New-England, being sore

i, 373

954 In the Bay spring of 1641, a request for help was received from five remaining members of the embattled Puritan church in Old Providence complaining of the persecution of their magistrates and others. The Journal of John Winthrop, 356. Such rapid material support for this request may appear surprising, in view of Winthrop’s powerful denunciation of Humfrey’s plan. But Bay efforts to support the dissident Providence Island faction may have been a sincere attempt to re-establish congregational influence and civil governance at Providence Island as well as limit damage of an open break with the Puritan Lords in England. Newton, The Colonising Activities of the English Puritans, 285

955 Having missed the crucial opportunity to transport some 300 remigrants from New England to Old Providence Island in 1640 due to lack of adequate shipping, it was not until either late spring or early summer 1641 when this advance guard of 43 Bay colonists set out for the already captured Providence plantation in two small ships under Captain William Peirce. The Journal of John Winthrop, 356; Kupperman, Providence Island 1630-1641, 336

956 The Journal of John Winthrop, 356. Lechford calls them two small Barks. Lechford, Plaine Dealing, 113. Clearly these are not the larger vessels previously commissioned by the Puritan Lords to convey Governor Humfrey and his recruits to Providence Island. Calendar of State Papers, Colonial, 1574-1660, 320; Kupperman, Providence Island 1630-1641, 324

957 Hubbard, Collection of the Mass. Hist. Society, v.6, 379

182 this family.. abashed at this providence that befel them, that they would never seek to be governed by liberty again to this very day958 The Spanish sack of Old Providence Isle deprives Humfrey of more than a mere job.959 Eluding Humfrey’s grasp is a calling eagerly anticipated; one appropriate to his military and legal capability, his elite status, and his over-riding ambition. The dream of a an expansive English Central American and a Puritan colonial empire falls with Providence Island itself.960 As Humfrey prepares for his return to England in the chill New England fall, Remarkable Providence961 is devising a new torment to test his courage and his faith. The new challenge transcends his person. It provokes a dramatically altered balance of authority between household, church, and state, through newly elaborated institutions of law, education, and public virtue.

958 Johnson’s Wonder-Working Providence, 208-209

959 Old Providence was from its earliest days an English incubus aimed at challenging the rich Spanish Caribbean trade, part of a high stakes international game involving the expansion of opposing English, Dutch and French interests. Bailyn, New England Merchants in the Seventeen Century, 84.

960 For Humfrey the appointment as Governor represented the potential to recoup fortune and prestige. The greatly expanded English Puritan colonial enterprise at Cape Gracias a Dios was to be furnished by his recruitment of experienced remigrant colonists, where the industry of many hands could produce the richest drugs and merchandise which come from America Kupperman, Providence Island 1630-1641, 307, n.34, citing Providence Island Company Papers, PIC Ctee. 24 June 1637 (testimony of colonist Philip Bell and Samuel Rishworth); and 323 343, n.66

961 Remakable Providences was an influential 1684 writing by then Harvard President Increase Mather. Besides his spirited renderings of witchcraft and apparitions, he relates the tale of a 1638 mutinous shipwrecked crew in the Rancadories, sixty leagues distant from the Isle of Providence, and the solitary survivor who, for two years, in the midst of the roaring waters was encompassed with the goodness of Divine Providence. Mather, Remarkable Providences, 49-50. The noisome Roncadores islet, “the Snorer” sounded warning of its treacherous shoals 90 miles east of Providence Island off the coast of Nicaragua. Newton, The Colonising Activites of the English Puritans, 277. Mather’s account prefigured Robert Louis Stevenson’s 1883 romance classic, Treasure Island.

183 ...Secretly Polluted Chapter 14. Shyp of Folys Late Returns

Among others who returned thither, there was one of the magistrates, Mr. Humfrey, and four ministers, and a schoolmaster.962

ew ships return to England in mid-autumn of 1641. Nasty weather portends difficult passage. Humfrey’s travel companions mirror the season, a boat load of contentious F and disparaged religious elites.963 Of the four ministers and one schoolmaster, only Rev. John Phillips of Dedham is identified; only he carries unsullied repute.964 His presence onboard succors the miscreants, gives tham pause and cause for respited wrath: Mr. Phillips of Wrentham, in England,had not joined the rest, but spake well of the people, and of the country; upon this it pleased the Lord to spare their lives, and when they expected every moment to have been dashed upon the rocks, (for they were hard by the Needles, he turned the wind so as the wer carried safe to the Isle of Wight 965 Consigned by Winthrop to anonymous ignominy are 3 unnamed ministers and 1

962 The Journal of John Winthrop, 414-415

963 Shyp of Folys signifies Rev. Alexander Barclay’s (1475?-1552) 1509 poem of a vessel laden with fools (“Ship of Fools”), based on Sebastian Brandt’s 1494 German allegory Das Narrenschiff which ridiculed the vices of the times in anticipation of the Protestant Reformation. The Reader’s Handbook (1899), 999; The Reader’s Encyclopedia (1948), 74, 1025

964 The Journal of John Winthrop, 414. John Phillips hailed from England’s Wrentham in Suffolk, attended Emmanuel College, married a sister of the revered Rev William Ames, and emigrated to the Bay in 1638. In 1639 he strongly admonished Hugh Peter for his prenuptial rejection of the impoverished Reverend Ames’ daughter, 18 year old Ruth, in favor of wealthy widow Deliverance Sheffield, a friend of successful merchant William Hibbins of Boston. Phillips moved first to Salem Farms (Salem Village, now Danvers), then Rowley, then to Dedham. After return to England in 1641 he joined the Westminster Assembly for revision of the articles of faith. Stearns, The Strenuous Puritan: Hugh Peter, 131, 134-135; The Journal of John Winthrop, 415, n.40; Savage,Genealogical Dictionary of New England, iii, 411

965 The Journal of John Winthrop, 414-415, n.39-42

184 this family.. unidentified schoolteacher.966 The disreputable ministers, rediscovered,967 are (1) Rev. George Burdett, (2) Rev. Hansard Knollys, and (3) Rev. Robert Peck. The schoolmaster is Rev. Robert Lenthall.968

Rev. George Burdett While yet in England George Burdett was a prominent non-conformist minister, showering derision upon the local vicar and refusing to bow at the name Jesus.969 After a tenuous placement at Salem under the watchful eye of Hugh Peter, in 1636 Burdett moves

966 “Apart from John Humfrey, the only identifiable member of this party is the Rev. John Phillips.” Dunn (ed.), The Journal of John Winthrop, 414, n.38

967 Historian J Hammond Trumbull, Thomas Lechford’s editor, nominates as Humfrey fellow-travelers Rev. Peter Saxton (Sawyer) of Scituate, and Rev. Robert Peck of Hingham. Lechford, Plaine Dealing or Newes from New-England, 93, n.142; 83, n.114.. After a brief stint Rev. Saxton returned to England, officiating at the Leeds vicarage in 1646. He expired in October 1651. Savage, Genealogical Dictionary of New England, iv, 31 and 32, citing Brooke’s Lives of the Puritans, iii, 139.[for Peck, see infra]. Historian Bremer’s list of dissident New England pastors returning to England in the early 1640's includes Robert Lenthall and Marmaduke Matthews. Bremer, Congregational Communion, 150. Marmaduke Matthews, a minister succcessively at Yarmouth (1643), Hull (1649), and Malden (1651), was summoned by the General Court and later fined for erroneous opinions. He was still in the colony in 1652 when his fine was remitted by the General Court. Pope, Pioneers of Massachusetts, 306; The Journal of John Winthrop 266, n.70; 518, n.59, citing MR, 3:158-159. [For Lenthall, see infra]

968 Boston hired two schoolmasters deemed disreputable before 1641, but neither returned to England. In 1635 Philemon Pormont (Pormort) was appointed for the teaching and nourtering of children with us. Pormont is “the Grimsby man who had married [Richard] Bellingham’s sister.” Cook, Lincolnshire Links, 50, 70. He and wife Susannah (Susan) (who died in 1642) joined the Boston meeting in late August 1634. An Antinomian dismissed to Exeter, he returned to Boston by 1645, remarried, later moving to Wells, Maine. Pope, Pioneers of Massachusetts, 368-369; Aspinwall Notarial Records, i,75, 161, 233, 290 Pormont was replaced as schoolmaster in 1636 by Rev. Daniel Maude, who was also later dismissed and removed to Dover in 1644. Pope, Pioneers of Massachusetts, 307; Winsor,The Memorial History of Boston, i, 123, 569. Acclaimed schoolmaster Elijah Corlet commenced his term at Newtowne Grammar School in 1642. His predecessor there remains unidentified. Miller and Johnson, The Puritans, 722

969 Bremer, Congregational Communion, 88, n.16, 284. Burdett was ejected from Trinity College, Dublin for profane “coarse invective,’ and was alleged to have abandoned in poverty his wife and children upon his own migration to New England. Kupperman, Providence Island, 1630-1641, 245, n.63, citing Moody (ed.), Letters of Thomas Gorges, 5-6n; “Thomas Gorges to Richard Bernard, idem, 35; “Stansby to Wilson,” Winthrop Papers, iii, 390; “Thomas Dudley to Winthrop,” idem, iv, 86; “Thomas Gorges to Winthrop” idem, 322-323

185 ...Secretly Polluted to Pascataqua.970 Almost immediately he incurs Winthrop’s wrath for harboring rammy ex-Bay citizens, and opposing Bay annexation of New Hampshire. Worse yet, he is discovered in seditious correspondence with Archbishop Laud. At Pascataqua Burdett clashes repeatedly with Rev. Knollys in church-meeting disputes shadowed by sexual scandal and conflicting territorial claims.971 Burdett moves on to Agamenticus, Maine in 1638-1639.972 As reported to Winthrop by sober Maine Governor Thomas Gorge, Mr. Burdett ruled all, and had let loose the reigns of liberty to his lusts, that he grew very notorious for his pride and adultery973 Convicted for adultery in 1640, Burdett’s appeal to England is blocked by Gorge. Still preaching in February 1641, he is hoisted for alleged drinking, dancing, and singing scurrilous songs.974 He departs from Maine for England in October 1641 amid nasty rumors of impending Jesuitical conversion.975 Mr. Burdett went into England, but when he came there he found the state so changed, as his hopes were frustrated, and he, after taking part with the cavaliers, was committed to prison.976

970 In 1635 Reverend George Burdett in February 1635 was solicited for a post in Providence Isle by the English Puritan Lords. At that time Burdett was authorized to make overtures to some godly persons now intending to return to New England, who he hopes may be persuaded to acccompany him. Burdett declined the offer after two weeks consideration, emigrating instead to New England in June, aquiring land and freeman status in Salem on 2 September 1635. Sainsbury, Calendar of State Papers, Colonial, 1574-1660, 197, 199; Felt, Annals of Salem, ii, 572-573, 626; Kupperman, Providence Island 1630-1641, 244-245, n.63. Some authorities suggest Burdett arrived at the Bay in 1634. Emerson, Letters from New England 180; Boyer, Ship Passenger Lists, 141, citing Lancour No. 42 “Time of the Arrival in New England of the Following Ministers,” New England Historical and Genealogical Register, i (1847), 289]

971 The Journal of John Winthrop, 269, 284, 290-291, 318, 330, 350.

972 Agamenticus (Acomenticus, York) Maine. Stearns, The Strenuous Puritan: Hugh Peter, 144.

973 The Journal of John Winthrop, 330. Thomas Gorges was Sir Ferdinando’s cousin, sent over to administer the Maine patent from 1640-1643. He later fought on Parliament’s side in the English Civil War. Idem., n.81

974 The Journal of John Winthrop, 330, n.83, citing Winthrop Papers, 4:323.

975 Kupperman, Providence Island 1630-1641, 245, n.63

976 The Journal of John Winthrop, 331. Winthrop writes under date of 27 July 1640, but the evidence for Burdett’s continued presence in New England through 1641 is substantial. [note infra]

186 this family.. Rev. Hansard Knollys Also accompanying Humfrey is Burdetts’s adversary, the Rev. Hansard Knollys. Like fellow shipmate Phillips, Knollys attended Emmanuel College at Cambridge, England. Emigrating to the Bay in 1638, he is suspect for antipaedobaptism (anabaptist) tendencies and his plan for “illegal” Long Island remigration. Pleading before the Pascataqua meeting in spring of 1641, Knollys confesses to filthy dalliance with two maid servants. An unclean person, he is banished.977 Bent yet unbowed, Knollys arrives in London in December.978 He gathers a baptist congregation and later holds office under Cromwell. At the Restoration he hastens to Germany, but upon return to England he is arrested in 1670. Released, he returns to preaching and writing, completing religious works and an autobiography before his death in 1692.979

Rev. Robert Peck The final disfavored minister is Hingham’s Rev. Robert Peck,980 not Rev. Peter Saxton who has already debarked.981 In the 1639-1640 boundary dispute between

977 The Journal of John Winthrop, 350.

978 King, Rev. John Myles and the Founding of the First Baptist Church in Massachusetts, 79. December is the same month that Humfrey made port. The Journal of John Winthrop, 415. The length of time to complete the return journey from the Bay, six to eight weeks or more, and Humfrey’s known dates of departure and arrival are corroborative.

979 Concise Dictionary of National Biography, 734. The most durable Knolly’s (1599-1692) memorial can be found in publications of the Hanserd Knollys Society (established in 1846) which include reprints of Bunyan’s Pilgim’s Progress and Roger Williams’ The Bloudy Tenent. Underhill, Struggles and Triumphs of Religious Libeerty, preface

980 Trumbull (ed.) in Lechford, Plaine Dealing or Newes from New-England, 83, n.113; Pope, Pioneers of Massachusetts, 351, citing “Hob. And W.” [Hubbard and Winthrop]. Rev. Robert Peck (1580-1656) graduated from Magdalene College, Cambridge, England in 1603. He ministered at old Hingham, county Norfolk, England for more than thirty years and lecturered at St. Antholin’s church in London prior to his emigration. In 1638 he was ordained teacher by the Hingham, Massachusetts congregation. After his return to England in 1641, Peck resumed his post in 1646 at old Hingham. He also participated in the Westminster Assembly of Divines., passing on in 1656. Lechford, Plaine Dealing or Newes from New- England, 82, n.112

981 Yorkshire’s Rev. Peter Saxton was a 1603 matriculate of Trinity College (Cambridge, England), suspended for refusing to wear the surplice. Bremer, Congregational Communion, 88, n.14, 284. Cotton Mather styled him: “a studious and a learned person, a great Hebrician.” Lechford, Plaine Dealing or Newes from New-England, 82, n.112 citing Mather, Magnalia, iii, pt.4, c.1. Lechford testifies that Saxton was comming away when we did. Lechford, idem, 93 Lechford departed the Bay on 3 Aug. 1641 in the company of forty passengers including John Winthrop Jr. and Commissioners Hugh Peter, Thomas Weld, and William Hibbins, arriving in England sometime before the 16th of November. Winthrop, The History of New England, Savage, ed., ii, .85; Lechford’s Manuscript Note-Book, introduction, xxviii. Lechford’s

187 ...Secretly Polluted Hingham and Scituate, Peck and Saxton are on opposing sides in a temporary rupture of Bay-Plymouth relations. The dispute is patched by mediation from Endecott and Stoughton for the Bay, and Gov. Bradford and Edward Winslow for Plymouth.982 The impression of a contentious Peck lingers.983

Schoolmaster Robert Lenthall Robert Lenthall is the disreputable schoolmaster accompanying Humfrey. His errors are embedded in doctrine and associations. In Winthrop’s view he was found to have drank in some of Mrs. Hutchinson’s opinions. Lenthall’s first informal ministry is a meeting at Weymouth in 1637. There he teaches that the sacrament of baptism is sufficient qualification for church communion, thus denying the need for a covenant.984 For such unauthorized teaching, his nomination as minister is

description of Saxton at departure, I know not what stayed him, he is very aged and white, scarcely paints a flame-brand undesirable. Lechford, Plain Dealing 93, n.142, citing Mass Hist Society manuscript; Mather’s Magnalia, iii, pt.4, c.1; Winthrop, ii, 85; Brooks’s Lives, iii, 139; Savage, Genealogical Dictionary of New England, iv, 132

982 Bradford’s History “Of Plimoth Plantation”438-446. Edward Winslow served both the Plymouth and Bay colonial interests by his appointment to England in 1634 (Idem, 393) to defend the Bay patent and his 1640 mediation of the Bay-Plymouth colony border dispute. On the heels of William Vassall’s 1646 petition for civil liberty, Presbyterian physician Robert Child and other remonstrants including Samuel Maverick petitioned the Bay authorities for sectarian religious tolerance affording full citizenship guaranteed by English law and Parliamentary appeal. The Journal of John Winthrop, 624-625, n.41. The Remonstrance and humble Petition was outright rejected with twelve counter-charges including fowle slander...tending to sedition. Child was fined 50£ and briefly emprisoned after an appeal for Parliamentary intervention was intercepted. Once again Edward Winslow was appointed Bay commissioner to London where he succcessfully derailed the Remonstrance, successfully advocating the case for Bay governmental autonomy. Records Massachusetts Bay, ii, 162; iii, 90-91, 94; The Journal of John Winthrop, 666-673, 700, n.74; Morison, Builders of the Bay, 244-260

983 Peck appears but once, by name and without comment, in Winthrop’s 1638 account of his appointment at Hingham. The Journal of John Winthrop, 268. But Presbyterian Hingham was burr in the Bay saddle, and Peck was ally to controversial Hingham minister and fellow alumnus of Magdalene College, Rev. Peter Hobart. A 1645 dispute over local control of the Hingham militia eventuated in Hobart’s orchestrated attempt to impeach Winthrop. In 1646 the church at Hingham allied with the seditious Dr. Child in his Remonstrance for Toleration. The Journal of John Winthrop, 574-593; 685, 268, n.78, citing David Grayson Allen, In English Ways: The Movement of Societies and the Transferal of English Local Law and Custom to Massachusetts Bay in the Seventeenth Century (Chapel Hill, NC, 1981), 169-174; Bremer, Congregational Communion, 49

984 The Journal of John Winthrop, 281-282. Lenthall’s nomination to the Weymouth ministry was blocked by the Bay Magistrates after his conference with John Cotton. Lenthall was subsequently fined £15, at least 5 of which was for a few crosse words. Lechford, Plaine Dealing, 58. After this disturbance of our peace, followed by recantation of his opinions in 1639, the court stopped for any further censure by fine, or, etc.,

188 this family.. blocked, and he is called to task before the General Court in March 1639. Lenthall recants both his error in judgment, and of his sin in practice.985 But to no avail, as he continues to operate under a cloud, with no official ministry.986 Around 1640 Lenthall moves on to Newport, Rhode Island, where he is made freeman in August and hired by the town as schoolmaster.987 In a rancorous doctrinal schism he joins with baptist minister-physician Dr. John Clarke988 pitted against Nicholas

though it was much urged by some. The Journal of John Winthrop, 282

985 The Journal of John Winthrop, 281-282

986 A clue to the puzzle as to why Lenthall may have been demoted by Winthrop to schoolmaster is provided by John Cotton. Upon examination of Lenthall by the Elders of the Bay, Cotton stated that his former ordination, not being given by them that had lawful power, and former election, will not serve to make him a minister here. See Trumbull’s editorial notes in Lechford, Plaine Dealing, 16-17, n.9; 58, n.78

987 Lechford, Plaine Dealing, 57-58, n.78; 94, n.144; Savage, Genealogical Dictionary of New England, iii,78;

988 The year after his arrival in 1637 from Suffolk England, Dr. (Rev.) John Clarke (1609-1676) was disarmed and outed from Boston for his Antinomian support of Ann Hutchinson. At Aquidnay (Aquidneck, Newport-Portsmouth Rhode Island) in 1638 a pregnant Hutchinson confided her discomfort and despair to Clarke; who subsequently dissected the deformed multi-lobular conceptus. The Journal of John Winthrop, 265-266, n.64, n.69. Rather than the monstrous birth attributed by John Cotton to Hutchinson’s doctrinal error, Clarke’s detailed description confirms the diagnosis of hydatiform mole, a rare condition presenting as early as the second trimester with nausea, vomiting, pain, weakness, excessive discharge and bleeding. Eastman and Hellman (ed.), Williams Obstetrics (1961, 12th ed.), 593-596. By 1641 Clarke was minister at Newport. In April 1651 he was emprisoned by Endecott for disturbing the peace by disputing infant baptism and rebaptizing the 67 year-old William Witter at Swampscott. Lewis and Newhall, History of Lynn, 230-231. Upon payment of his 30£fine by his supporters, he departed to England with Roger Williams where they secured the revocation of William Coddington’s April 1651 Parliamentary lifetime commission to govern a combined Rhode Island and Providence Plantation. At London in 1652 Clarke published his critique of Bay intolerance Ill Newes from New England, to which Rev. Cobbet of Lynn authored a rejoinder. Clarke returned from England in 1664 and served as deputy governor for Rhode Island-Providence in 1669 and 1670, dying in 1670 having married twice but no children surviving. King, A Summer Visit of Three Rhode Islanders to the Massachusetts Bay in 1651, 23-2731-32, 48-55; Erikson, Wayward Puritans,112, n.27, citing Collections Mass Hist Soc, 4s.ii, 1854; Savage, Genealogical Dictionary of New England, i, 395

189 ...Secretly Polluted Easton989 and Governor William Coddington.990 Lenthall returns to England in 1641991 appearing in the year following at Aston Sandford in Buckinghamshire.992

989 See note supra; Savage, Genealogical Dictionary of New England, ii, 94; Pope, Pioneers of Massachusetts, 149

990 The Journal of John Winthrop, 364. Both sides to the 1640 controversy at Newport were nominally Antinomian. But antipaedobaptists (Anabaptists, Baptists) Lenthall and Clarke credited two sacraments as necessary (but not sufficient) for salvation: (1) a knowing freely-offered covenant to follow Christ based on adult baptism, (2) consummated by partaking of the body and blood of Christ (Holy Communion, Eucharist, The Lord’s (Last) Supper). Coddington, later joined to the Friends (Quakers), found the indwelling spirit (inner light) an efficient channel of grace without the sacraments and God the author of sin, beliefs considered blasphemous to Baptists and Bay Puritans. Idem. The Quakers countenanced both backsliding (sin) after accepting Christ and perfection (freedom from sin) in this lifetime, both beliefs anathema to Baptists. William Coddington’s autocratic governance of Portsmouth and Newport was hugely unpopular, resulting in the 1641 Democracie vesting authority in land-holding freeman rather than just church members as in Massachuseetts. A decade later Coddington attempted to subvert Roger William’s 1644 Warwick Charter (which merged Providence and Gorton’s Warwick plantation), by assuming lifelong governance of Aquidneck (Portsmouth-Newport) and Conanicut Island. King, A Summer Visit of Three Three Rhode Islanders, 31, 39. Coddington maintained complex alliances, for on his visit to England in 1651 he not only gained Parliamentary assent to abrogating William’s charter, but advised Hugh Peter on the transfer of his New England estate to John Winthrop Jr. On that occasion he jokingly referred to Peter as “the Archbishop of Canterbury.” Stearns, The Strenuous Puritan, Hugh Peter, 181, 366

991 Editor Trumbell put’s Lenthall’s return to England in 1641 or 1642. Lechford, Plaine Dealing, 57-58, n.78, citing Arnold’s History of Rhode Island, i, 145-146; Callender’s Historical Discourse, 62. Winthrop’s final Sept. 1641 reference to Lenthall establishes no date of departure. The Journal of John Winthrop, 364. Several chroniclers echo Savage (who cites Lechford, Callender, and Winthrop), incorrectly signifying 1642 as the year of Lenthall’s return to England. See Savage, Genealogical Dictionary of New England, iii,78; Pope, Pioneers of Massachusetts, 284

992 Rev. Robert Lenthall returned to old haunts in Buckinghamshire where a ministry under that name commenced at Aston Sandford in 1627. In1642 he contributed 10s, one of 27 parishoners assessed £1.10.0 for Parliament’s campaign in Ireland. In 1643 he ministered at St. Mary Magdalen, Great Hampden. In 1647 Aspinwall locates Mr Lenthall minister of little Hamden in Bucking. Aspinwal Notarial Records, 20(9)1647, p.106. See also Lipscomb, G. History and Antiquities of the County of Buckingham.(J.& W Robins, 1847), vol. II, p.47; Parker, H. “Rev Francis Doughty” Publications of the Colonial Society of Massachusetts, v. 10, Feb 1906, 268 (citing Foster, Alumni Oxonienses, iii, 902).

190 this family..

191 ...Secretly Polluted Chapter 15. New Model Army Humfrey’s Civil War

he Irish Rebellion breaks out in Ulster on the eve of Humfrey’s October return.. Catholic troops led by land-rich debt-poor landowners assault Presbyterian T strongholds. Popish plots, collusion with the King, forced expulsion, and massacre incite Parliament to action.993 A ferocious plague simultaneously attacks London.994 Striking landfall at England in December 1641, Humfrey is by no means at the end of his public career.995 Instead he faces the bright prospect of deep military-political engagement and political opportunity. But one of Humfrey’s first acts sets New England autocrats on edge. Breaching an early standard of intellectual property rights,996 Humfrey arranges the publication of Cotton’s prophetic sermon, The Powring Ovt of the Seven 997 Vials, depicting the end of Episcopal and Papal hegemony.

993 Wedgwood, The King’s Peace 1637-1641, 426-428; Kenyon and Ohlmeyer, The Civil Wars in England, 28-3. Cromwell suggested a pre-emptive strike as early as in May 1641 to turn the papists out of Dublin. Fraser, Cromwell. The Lord Rrotector, 69, n.6, 709, citing Abbot, Writing and Speeches of Oliver Cromwell, i, 126. On the incendiary numeric inflation surrounding reports of the massacres, see Fraser, 72- 76, citing depositions and (p.73, n.*) Love, Civil War in Ireland: Appearances in Three Centuries of Historical Writing, passim. [see also note below]

994 In one exemplary attack of biological terrorism, Parliamentary leader John Pym was sent a rag with infectious plague detritus. Wedgwood, The King’s Peace 1637-1641, 429

995 Rose-Troup, noting difficulty in tracing Humfrey’s subsequent career in England, mistakenly argues “it was marked by misfortune.” Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 306.

996 Sermon “piracy” from unauthorized shorthand notes was frowned upon but common in the 17th Century. In December 1637 Cotton rejected the publication of his Catachisme in England: Sure I am I never perused any copy to be sent for England...I doe not owne it, as having never seen it; although may be; sundry things in it, were delivered by me, which I doe Acknowledge. Hall, The Antinomian Controversy, 21-22, n.26, citing “John Cotton to John Dod,” in Cotton Papers, December (1637?), Prince Collection, Boston Public Library

997 John Cotton’s The Powring Ovt of the Seven Vials was a virulent anti-Catholic polemic explicating the 16th chapter of The Book of Revelation. According to the prophecy of Apostle John in Revelation, seven angels launch seven vials full with èuìül, the Wrath of God, a biological terror attack upon unregenerate mankind by seven great plagues. Revelation xv. 7; Leviticus xxvi. 24. Scott’s Bible, New Testament, v.2, Revelation, 15.7, commentary. Cotton initially preached his sermon-prophecy in Boston around April-May 1641. The Journal of John Winthrop, 351-352, n.45; 402, n.6. It was then prefaced and published by Humfrey in London in 1642 and reprinted in 1645. Appendix II.A. Cotton prophesied seven plagues would destroy (1) the lowest and basest sort of Catholicks; their (2) Worship, and Religion; (3) Priests and Ministers, (4) the House of Austria, and Popes Supremacy; (5) Episocpal Government, (6) their Euphrates,

192 this family.. Mr. Humfrey had gotten the notes from some who had took them by characters, and printed them in London, *he had 300 copies for it,* which was a great wrong to Mr. Cotton, and he was much grieved at it, for it had been fit he should have perused and corrected the copy before it had been printed.998 Humfrey not only has the sermon printed, he prepares and signs a commendatory preface “I.O.”999 This bold action carries no intimation of his children’s tribulations. Rather Humfrey with unsuspecting irony trumpets Cotton’s stern warning: If you be corrupt in New England, all England will judge your reformation but a delusion and an invention of the some of your Magistrates or elders.1000

Rebellion or Civil War At the very moment of Humfrey’s arrival, a high-level political leak sets the stage for England’s civil war. Using hearsay evidence lifted by ex-Bay governor Henry Vane from his father’s Secretary-of-State notes,1001 Parliament charges Thomas Wentworth,

or the streame of their supportment; and (7) their grosse Ignorance, and blind Superstitions. Emerson, John Cotton, 99-101; The Journal of John Winthrop, 402, n.6, citing Larzer Ziff, The Career of John Cotton (Princeton, 1962), 171-173.

998 The Journal of John Winthrop, 402, n.5-6, citing Phyllis M and Nicholas R Jones, Salvation in New England (Austin, Texas, 1977), 18-19. Humfrey’s publication of Cotton’s powerful Seven Vials sermon was likely encouraged by Hugh Peter, as the sermon buttressed Puritan legal attacks on the Church of England and royal privilege. Consistent with his attempts at law reform in the Bay, a decade later Peter served on a the Hale Commission for the reform of existing English law. Haskins, Law and Authority in Early Massachusetts, 191-192; Brenner, Merhants and Revolutions, 573-574. Cotton’s “grief” at publication is doubly surprising, as Humfrey led the cabal that for years clandestinely printed Puritan polemics for broad English dissemination, including Cotton’s own God’s Promise to the Plantation preached at the Winthrop Fleet departure from Southampton in 1630. Peacey, “Seasonable treatises: a godly project of the 1630's,” English Historical Review, June 1998, 113(452):671, 667-680. However, by the time news of its London printing reached New England, Cotton may have regretted such endorsement by the father of neglect.

999 For Humfrey’s introduction to Cotton’s Seven Vials, See Appendix II.A

1000 Cotton, The Powering Ovt of the Seven Vials, 23

1001 The senior Sir Henry Vane (Fane of Hadlow,1589-1655) elected to Parliament in 1614 and frequently thereafter through 1653. Entered Brasenose College, Oxford (1604); Gray’s Inn (1606; knighted (1611). In 1631 he served as Ambassador to Denmark and later to Sweden. As the King’s household treasurer and the Privy Council’s Secretary of State in 1640 he rivaled the Earl of Strafford who opposed his appointment and appropriated his hereditary title as Viscount Raby. Provoked by his own son’s leak of a private record on Council matters, the senior Vane provided the only direct witness to Strafford’s alleged

193 ...Secretly Polluted Lord Lieutenant of Ireland and Earl of Strafford, with treason. The crux of the charge is the inference of military attack upon the King’s enemies in England drawn from Strafford’s alleged missive to Charles. You have an army in Ireland you may employ her to reduce this kingdom1002 Humfrey’s long-time Providence Island connections, John Pym,1003 Sir Arthur Haselrig,1004 and Edward Montagu 1005 press for Strafford’s execution. The senior Sir

treason. After the King dismissed him in 1641, Vane served Parliament until Cromwell sent him packing in 1653 for opposition to the Protectorate. The father of fourteen children out of wife Frances D’Arcy, he passed in 1655. Moore, Memoirs of American Governors, 313-314, 322; Wedgwood, The King’s Peace 1637-1641, 282, 336-338; Concise Dictionary of National Biography, 1332

1002 Wedgwood, The King’s Peace 1637-1641, 341-343. The charge of treason hinged on whether Strafford’s proposal to subdue the kingdom was aimed at the armed rebellious Scots or the resistance in England to the King embodied in the refusal to pay the ship-money tax. The ambiguity led to the withdrawal of the treason charge in favor of the more readily sustained Bill of Attainder.

1003 The grand plan of attorney John Pym (1584-1643) for a Puritan Central American empire was advanced by a royal privateering license granted the Providence Island Company in 1636 and its 1638 charter extention.Calendar of State Papers, Domestic,Charles I, 1638, iv, 51, 95; Stearns, The Strenuous Puritan, 188-201; Kupperman, Providence Island. 1630-1641, 342-347. James I arrested Pym in 1622 for fiery anti-Spain, anti-Catholic polemics and obdurate defense with Sir Edward Coke of Parliamentary privilege. Instrumental in the campaign to impeach the Duke of Buckingham, Pym’s stirring defense of the Magna Charta was manifest in the 1629 Petition of Right and his resistance to the imposition of the King’s tonnage and poundage forced “loans” so antagonized King Charles that the 11-year long dissolution of Parliament transpired with such singular consequence in the settlement of New England and America. During these years Pym, a charter investor and treasurer of the Providence Island Company and a patentee of Connecticut, perhaps reserved these holding as a refuge during the persecutions and uncertainties leading to the English Civil War. From the time of the Short Parliament in 1640 and the Grand Remonstrance setting forth Parliamentary grievance at the King’s arbitrary exercise of authority, Pym orchestrated (with Haselrig, et.al.) the downfall of Laud and Strafford, and the dissolution of royal control over taxation and the military. His spies in the King’s service, and his resolve and patience resulted in impecccable political timing, while his incendiary declamations and petitions aroused rowdy public opinion and local (especially London) militias favoring Parliament. The King’s failed 1642 Five Member MP impeachment (John Pym, John Hampden, (Denzil)Holles, Arthur Haselrig, William Strode) and arrest, permitted a temporary escape by Pym’s crew and induced a military alliance between Parliament and the Scots, thus provoking the King’s removal from London and the early stages of the English Civil War. Pym passed in 1643 at the height of his prestige. “John Pym,” Encyclopedia Britannica, (11th ed.), 22, 680-682; Concise Dictionary of National Biography, 1077-1078

1004 Sir Arthur Haselrig (Haslerig, Hesilrige, Hazelrigg, d. 1661) was brother in-law of Lord Brooke, cousin to Edward Winslow, and one of the 20 or so joint tenants named with the senior Humfrey on the clouded Earl of Warwick Connecticut patent of 1632. Newton The Colonixing Activities of the English Puritans, 83-84, n.8, citing Trumbull’s History of Connecticut, I, 495; Kupperman, Providence Island, 1630-1641, 325-326, n.13, citing Hoadly, The Warwick Patent (Hartford, 1902), 6-10 and Newton, n.14, citing “Humphrey To Johnson, Dec. 1630," Winthrop Papers, ii, 329. Dissatisfied with agent Hugh Peter’s management of Connecticut afffairs, Haselrig in 1636 refused to pay bills submitted to the proprietors in

194 this family.. Henry Vane serves as solitary witness on Strafford’s conviction by attainder.1006 Also in December an incendiary Root and Branch Petition calls for the abolition of all bishops. Authored by Cromwell, Haselrig, and Sir Henry Vane Jr., the petition garners

England. Stearns, The Strenuous Puritan, Hugh Peter, 101. He may have planned emigration to New England with John Hampden and Oliver Cromwell. Fraser, Cromwell, The Lord Protector, 49, citing Cotton Mather, Magnalia, i, 23. [Might Humfrey have made his clandestine voyage to England in 1638 to facilitate such a departure?]. A determined opponent of Laud, in 1641 MP Haselrig promoted the Root and Branch Petition against the church bishops, introduced the Bill of Attainder against Strafford, and on the 7th of December called in theCommittee of Safety Militia Bill which transferred to Parliament authority over land and naval military appointments. In 1642 he was one of the Five Members (or six) unsuccessfully impeached by the King. In 1642-1643 he was second in command to General Sir William Waller, leading the cavalry charge against the Royalists at Edgehill (1642) and Lansdown (1643). In fluctuating alliance with Sir Henry Vane and solidarity with Cromwell he assumed leadership of the Independent (Puritan) parliamentary faction, perhaps most importantly charged with fundraising. Brenner, Merchants and Revolution, 336. When Cromwell was derided as copper nose, nose almighty, ruby nose, etc.with imputation of alcoholic excess, Haselrig allegedly rejoined, “if he is not honest, I will never trust a man with a big nose again.” Fraser, Cromwell, The Lord Protector, 231. Although Haselrig favored the King’s trial, he nonethess refused appointment as judge. He served on the Council of State during the Commowealth until his clash with Cromwell over the dissolution of Parliament in 1653, reproving Cromwell for his breach of trust, and refusing to pay taxes. He rejected service in a reconstituted House of Lords, and opposed Richard Cromwell and General Lambert in their aspirations to succeed the Protector. A consistent and dedicated Parliamentarian, Haselrig died in the Tower of London, betrayed by Monck’s hollow promises to support a Parliamentary republic. “Hesilrige, Sir Arthur,” Encyclopedia Britannica, 11th ed., xiii, 406-407; Wedgewood, The King’s War. 1641-1647, 41, 55-62, 590; Fraser, Cromwell, The Lord Protector, passim.

1005 Edward Montagu (1602-1671) Lord Viscount Mandeville (Baron Montagu of Kimbolton, 2nd Earl of Manchester), and William Fiennes (Lord Saye & Sele) were Humfrey’s lead contacts in negotiations for the Governorship of Providence Island. Kupperman, Providence Island, 1630-1641, 315, 323, n.6, “Humphrey to Earl of Manchester, 27 March 1641", citing Hist. Man. Com. Eight Report, Manchester Papers, 424. In 1626 Montagu married Anne, daughter of Robert Rich, the 2nd Earl of Warwick, and thereafter was drawn into the Parliamentary opposition. In 1642 Montagu led a foot regiment (under General Robert Devereux, the 3rd Earl of Essex), but in 1644 he was charged by Cromwell with negligence in conduct of the military and resigned his commission. He opposed the King’s trial in 1649, retiring from public life until the Restoration in 1660 when he once again took a lead role in the service of Charles II. Montagu’s Royalist father, Sir Henry, 1st Manchester Earl (1563-1642), was chief justice on the King’s bench that condemned Sir Walter Raleigh in 1618, master of the Court of Wards in 1624, and guardian of the realm during the King’s absence. “Earls of Manchester,” Encyclopedia Britannica, 11th ed., xvii, 543; “”Montagu” Concise Dictionary of National Biography, 890, 891

1006 Wedgwood, The King’s Peace 1637-1641, 329, 338-341, 371-377. The statutory requirement for two witnesses in a death-penalty case was torn to shreds by the Commons special Bill of Attainder which circumvented judicial process, and permitted the imposition of the death penalty with the grudging consent the House of Lords and the King. The U.S. Constitution, by Article I, Sec. 9., prohibits such a Bill.

195 ...Secretly Polluted 1500 signatures and is presented to Parliament.1007 After these proceeding, Parliamentary whip John Pym concentrates diffuse anger against Pope, Catholics, and Anglicans one figure, Archbishop Laud. The Most Reverend Bishop is charged with papal pretensions, censorious suppression of the Puritan press and impropriations committees, subversion of the law, and treasonous deception of the King.1008 In February 1642 Laud is impeached.1009 He is removed to the tower of London to wait and waste 3 years before trial and judgment. In the interim Hugh Peter plans Laud’s deportation and denounces him to his face, all the while attempting to correct and reconcile his soul.1010 The previously mutilated William Prynne orchestrates Parliament’s attainder attack on his former tormentor. Laud’s seventy-three year old body is separated from his head on 10 January 1645. The King barely blinks.1011 Humfrey’s career military interests are advanced by his connections to this leading Puritan establishment, long association with Hugh Peter, and family ties.1012 The House of Commons proclaims the long-protested ship-tax illegal.1013 Coinciding with a hotly debated treaty of reconciliation between the King and Parliament, purloined letters in early 1642 reveal the King’s plan to indict for high treason the leaders of the tax resistance both in Lincolnshire and elsewhere. At the head of the Lincolnshire list is House of Lords

1007 Fraser, Cromwell. The Lord Protector, 70. Cromwell’s cousin, Oliver St. John has also been nominated author of the Root and Branch petition. Although the bill was shelved, other Puritan regulations passed including forbidding Sabbath sports and bowing at the name of Jesus, and removing pictures and icons from the state church.

1008 Wedgwood, The King’s Peace 1637-1641, 343-344; Stearns, The Strenuous Puritan, Hugh Peter, 223

1009 Sir Henry Vane the younger carried the impeachment notice to the House of Lords. Moore, Memoirs of American Governors, 323

1010 Stearns, The Strenuous Puritan, Hugh Peter, 222. The deportation scheme was rejected by the House of Commons, as contrary to the principle of a legal Tryall. Commons in 1644 gifted Laud’s valuable library to Peter; and later Peter lodged at his former adversary’s residence while probating wills and estates in a spasm of Puritan ecclesiolatry. Idem, 221, 387

1011 Prynne led Parliament’s prosecution. He seized Laud’s papers, diary, and written defense from the tower cell, and trumped up 24 articles of impeachment. The House of Lord’s could finds no treason by statute, but deferred to the House of Commons. As in Strafford’s case a dubious Bill of Attainder was advanced, with the difference that no witnesses, no defense, no depositions nor semblance of trial was conducted. The rule of law dissolved, the Bill passed by a slim majority in Commons and six votes in the Lords. Lingard, History of England, x, 161-165

1012 Stearns, The Strenuous Puritan, Hugh Peter, 191, 189-191

1013 Wedgwood, The King’s Peace 1637-1641, 343. It was Sir Henry Montagu (1st Earl of Manchester) who in 1634 had pronounced the despised ship-loan scheme a legal tax. “Earls of Manchester,” Encyclopedia Britannica, 11th ed., xvii, 543

196 this family.. member and Humfrey brother-in-law, Theophilus Fiennes-Clinton.1014 The uncovered subterfuge sets Parliament’s adversarial jaw and impells Humfrey into the fray.

Humfrey’s Sergeant-Major Commission in the Irish Expedition In the months following Humfrey’s December arrival tales of horrid and depraved massacres of Protestant in Ireland and a rumored Royal conspiracy with Irish Catholics agitate the London populace.1015 In April 1642 the House of Commons seeks by private subscription to raise £20,000 for 12 large ships, 6 pinnaces, and 1200 men to quash the Irish Rebellion.1016 Humfrey friend and business associate Maruice Tompson is named treasurer for the Expedition.1017 In June Parliament authorizes a voluntary force of One Hundred Horse and Two Thousand Land soldiers to be paid at the usual and accustomed rates for such Expeditions upon the Sea. For their part the adventurers and associates shall have all Ships, Goods, Monies, Plate, Pillage and Spoil which shall be seized.1018

1014 Francis Fines (Fiennes-Clinton), of Throckingham, gent., also makes the list. Thompson, The History and Antiquities of Boston in the County of Lincoln, 773

1015 Popular accounts of the Irish Rebellion of 1641 appended to Lincolnshire born (1516-1587) Rev. John Foxe’s 1563 Book of Martyrs helped rationalize Protestant depradations by proffering wanton Catholic atrocities to a credulous audience. Fox, An Abridgment of The Book of Martyrs (Troy, NY: N. Tuttle, 1835), 401-432. Catholic historian Lingard writing in 1827 rebutted the charge of widespread massacre of Protestants imputed to the Irish dissidents, confirmed by most later historians. Cromwell’s infamous massacre of 3000 plus combatants, priests, and civilians at Drogheda in 1649 helped keep alive centuries of Irish resistance. Lingard, History of England, x, note [A.] 203-266; Kenyon and Ohlmeyer, The Civil Wars in England, 73-75, 98; Fraser, Cromwell, The Lord Protector, 14

1016 Prendergast, The Cromwellian Settlement of Ireland, 74-75

1017 Humfrey’s appointment as Governor of Providence Island was suspended until early 1641 when supply and transport contracts were issued to London merchant Maurice Thomson. Thomson then subcontracted with Capt. Nicholas Trerice for shipping and partnered with London ironmonger Joshua Foote and Samuel Vassal (brother to New England Magistrate William Vassal). Vassal later served on Warwick’s influential Commission for Foreign Plantations. Calendar of State Papers, Domestic,Charles I, 1638, iv, 51, 95; Stearns, The Strenuous Puritan, 188-201; Kupperman, Providence Island. 1630-1641, 342-347. For the complex interlocking merchant connections, see Brenner, Merchants and Revolution, 152, n.127; 156-159, n.153 and notes infra.

1018 The Adventurers might name their own officers, hang and shoot captured rebels, seize castles and ships, and enjoy to their own Use...without any account the spoils. However the ordinance did demand a true and faithful Inventory of spoil and forbade damage to any of the King’s Subjects, Friends, or Allies except those helping the Rebels or carrying munitions to or for Ireland without license. Two Lords dissented:: the Earl of Portland and the Earl of Leycester, Lord Lieutenant of Ireland. “Ordinance for the Sea Adventure to Ireland,” House of Lords Journal, 5 (17 June 1642), 141-145

197 ...Secretly Polluted Guided by investors Lord Brooke,1019 Lord Saye & Sele, and the Earl of Warwick (now head of the Commissiion for Foreign Plantations1020), Parliament appoints Lord Brooke Baron of Beauchampe and Lord Alexander Forbes Baron of Castle-Forbes expedition commanders of the privately financed expedition to reduce the Rebels in said Realm of Ireland. The professional soldier Forbes had previously been solicited (and declined) the governorship of Providence Island.1021 Sergeant-Major Humfrey assumes command of a land company of 100 men, third in rank after Brooke and Forbes who also maintain separate commands of the same number.1022 Humfrey’s friend and associate Rev. Hugh Peter1023 is appointed expedition chaplain; while his brother Captain Benjamin Peter, assumes command of the 400 ton Speedwell with 120 seamen in his contingent. Overall naval command is vested in Thomas Rainsborough, accompanied by brother William Rainsborough (formerly of Charlestown). The total sea force (not including officers) numbers 17 vessels with 1075 seamen; the land force 12 companies with 1200 men.1024

1019 Kupperman, Providence Island, 1630-1641, 344

1020 For Commission for Plantations membership in 1646 in relationship to Bay interests, see The Journal of John Winthrop, 640, n.4

1021 Scottish adventurer Alexander, Lord Fourbez (Forbes) secured his military repute fighting under the standards of Denmark and Sweden. In February 1638 Forbes, well qualifed for government, was solicited by John Pym and Lord Brooke to protect Providence Island from incipient Spanish assault. Calendar of State Papers, Colonial 1587-1664, 272, 261-263, citing Colonial Entry Book, iii, 318; Calendar of State Papers, Colonial, 1574-1660, 263. See also Wedgwood, The King’s Peace. 1637-1641, 187, n.6, 453. Historians Newton and Kupperman suggest it was Lord Forbes’ brother who was offered the post. Newton, Colonizing Activites of the English Puritans, 246-247; Kupperman, Providence Island. 1630-1641, 345, n.68, citing PIC Ctee. 2-20-38

1022 House of Lords Journal, 5 (31 May 1642), 31. See also Stearns, Weld-Peter Mission to England, Publications Colonial Society Massachusetts, v.32 (1933-1937), 204; Kupperman, Providence Island 1630-1641, 344; Stearns, The Strenuous Puritan: Hugh Peter, 189-190

1023 Stearns, The Strenuous Puritan: Hugh Peter, 190-201

1024 A Relation of the Svndry Occvrrences in Ireland, Aug.13, 1642 (London: Printed by E.G. for Hen. Overton, 1642) in Thomason Tracts, British Library, London. “E.G” refers to printer Edward Griffin who specialized in moral tracts. In 1639 he printed (for Henry Overton) Francis Bacon’s (1561-1626) Operum Moralium et Civilium; in 1640 The Whole Booke of Job Paraphrased, a treatise by George Abbott (MP and nephew of George Abbot, the Archbishop of Canterbury who preceded Laud); and in 1645 William Ames The Marrow of Sacred Divinity. Henry Overton, stationer, adventured £25 in the force. Prendergast, The Cromwellian Settlement of Ireland, 416. Overton’s shop from 1629-1648 was located in St. Stephen’s London parish at Popes-heade alley off Lombard Street, an important center for Puritan operations. Bremer, Congregational Communion, 55, 90; Plomer, Dictionary booksellers and printers: England, Scotland and Ireland 1641 to 1667, 142

198 this family.. Appeal to Winthrop Jr and the beneficence of Mr. Waring. Winde bound for 5 weeks at Weymouth, Humfrey impatiently awaits the main nautical force from Cowes. By letter of 21 July 1642 he entreats friend John Winthrop Jr., then in England, to join the expedition against the Roman Catholic Irish and Crown sympathizers: Indeed I thinke you should have beene with us before.1025 Humfrey’s paterfamilial distress intrudes upon his military preoccupation. Having learned of his family’s trial and miserie, he urges the younger Winthrop to return to New England with funds for his children’s succor to be provided by my good freind Mr. Waring.1026 If you can be helpefull anie way to my poore familie I know you neede not be intreated. I hear they want monie. I pray speake to my good freind Mr. Waring (to whome, with his, my best respects with all thankes for all manner of kindness) I know hee will not see them in miserie that are cast

1025 Humfrey held the younger Winthrop in especially high and loving esteem: Good dear loving Sagamore, let us have your company if possible. “John Humfrey to John Winthrop, Jr” Winthrop Papers, iv, July 1642, 352. Winthrop Jr. declined Humfrey’s importunity, later (1644) seeking Forbes’ assistance in re-establishing Lord Sterling’s patent rights (through the claim of la Tour against D’Aulney) to Nove Scotia. “John Winthrop Jr to Lord Forbes” (23 December 1644) Winthrop Papers, iv (1638-1644); 501;4 Coll Mass Hist Soc vi 518-519; Black, The Younger John Winthrop, 113, 137-128. At Forbes lodgings Winthrop engaged briefly with Westminster Assembly divine Mr Dureus (John Dury) perhaps regarding their mutual interest (with educator/publicist Samuel Hartlib) in herbal medicine or Dury’s prophetic vision grounded in Protestant conciliation and right intent..“John Winthrop Jr to Samuel Hartlib” (25 October 1660), Proceedings Mass Historical Society, lxxvi, 6o; Black, Ibid, 378n7. Rev. Dury (1596-1680) declined an early offer by the Feoffees for Impropriations to minister in New England and later advanced the cause of Jews under Cromwell..Bremer, Congregational Communion, 65, 99, 103. See also Concise Dictionary of National Biography “John Durie” 376; “Samuel Hartlib” 580

1026 Winthrop Papers, iv, 352-353. Humfrey’s friend mr. Waring has sometimes been misidentified as Rev. John Warham of Dorchester. Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 305, n.33; Humphreys, The Humphreys Family in America, 87. London merchant-financier Richard Waring collaborated with Maurice Thomson, Thomas Rainsborough (Rainsburrough), and a dozen other speculators to organize financing for the Irish Expedition. “Ordinance for Sea Adventure to Ireland,” Journal of House of Lords, v (1642-1643): 30-31 May 1642, 91-95; 17 June 1642, 141-145. In 1642 he petitioned Parliament to remove London’s royalist Lord Mayor, and in 1644-1646 served with Michael Herring as co-treasurer at Goldsmith Hall for the Parliamentary committee provisioning Scottish Armies in Ireland and England. From 1643-1653 he received delinquent rents on sequestered estates. UK Public Record Office reference SP 46/106/fo 87, 88, 89, 136, 142, 196, 291; SP 46/99/fo 118. “February 1647. The Parliamentary Commission to Compound with Delinquents included Robert (Rich) Earl of Warwick, Theophilus (Fiennes-Clinton) Earl of Lincoln, Edward (Montague) Earl of Mancheste r, Sir Henry Vane Jr., Denzil Holles, et. al. “An Ordinance to Compound with Delinquents,” Acts and Ordinances of the Interregnum, 1642-1660 (1911), 914-915. In 1653 Waring joined in the recall of the Rump Parliament. Brenner, Merchants and Revolution, 373, 404, 431, 604, 636

199 ...Secretly Polluted upon them. About sixe pounds a month I suppose will doe their turne sufficiently, the rest I would gladly should goe to the paying of debts except that which you shall neede thereof.1027

The Expedition More than ill-winds delay Humfrey’s departure. Promised funds are witheld. And recruits for such service are sorely lacking. Oliver Cromwell relays the intelligence from Commons to the House of Lords: the Ships that are to go for that Service are in the Thames, where they lie at a great Charge, for Want of Land-men1028 The expedition finally embarks on 29 June 1642 for its ugly and inconclusive privateer war.1029 On July 11 ten Sea Force vessels are windblown to Kinsale Bay on the south coast of Ireland. Forbes hastens overland to the relief of beseiged Bandonbridge (Bandon) where

1027 Winthrop Papers, iv, July 1642, 352-353, from Mass. Hist. Coll., vi, 4th series, 18-19. Emanuel Downing’s 1645 letter to Winthrop Jr remarks, I have spoken with mr. Waring concerning the 2 Children and that he should release your debt toward your chardge about them. He seemed willing thereto, and said he would give order to mr. Peters about yt who is now in the Countrye. Winthrop Papers, v, Feb. 1645, 6. Might this debt release proposal apply to a 6£ support charge Winthrop Jr incurred with respect to Humfrey’s request concerning the 2 Childrn Dorcas and Sara Humfrey? In this instance Winthrop Papers editor Allyn B Forbes identifies the two children as Katherine and Richard Warren, wards of their uncle Richard Waring of London. Winthrop Papers, v, Feb. 1645, n.2, 6. Regarding Katherine, Waring kinsman and Emmanuel graduate Rev. John Yongs (Yonge, Young) later wrote (in 1649) from Southold (Long Island) to Mr Winthrop Jr at Pequott concerning servant Katherine Warren’s indiscrete passage into the bay with a stranger. Idem, 229, 362. Yongs, of St. Margaret’s church in Suffolk, England, may have come to Southold via Hingham and New Haven. Bremer, Congregational Communion, 22, 23; Savage, Genalogical Dictionary, iv, 672. [I have found no Richard Warren (or Waring) in the household or care of the junior Winthrop.]

1028 Journal of the House of Lords, v, 26 May 1642, 83-85. Perhaps mindful that you must authorize double what you expect, the Lords in June authorized One Hundred Horse, Two Thousand Land Soldiers with arms and provisions; in a dubious draft of volunteers motivated by Ships, Goods, Monies, Plate, Pillage, and Spoil taken by force solely for the compensation of the investors. Ibid., v, 17 June 1642, 145.

1029 Only two remained loyal to the King in the House of Lords, dissenting from the June ordinance, the Earl of Leycester, and Earl of Portland. Journal of the House of Lords, v, 17 June 1642, 145. Robert Sidney (1695-1677), Earl of Leicester and appointed Lord Lieutenant of Ireland, followed the King to Oxford in 1642-1643; while Jerome Weston (1605-1663), Earl of Portland was shortly thereafter imprisoned in an attempt to turn over Portsmouth to Charles I. Concise Dictionary of National Biography, 1201, 1389. Parliament’s privately financed force has been slighted as a “short buccaneering expedition” to the coast of Munster. Prendergast, The Cromwellian Settlement of Ireland, 74-75. But it was crucial in legitimizing an independent Parliamentary authority and securing the means to wage war. It thus constituted the opening salvo in the prolonged Civil War, an irrevocable committment to confrontation with the King .

200 this family.. 7000 English Protestants was in great want of Amunition, arriving with 800 men, in the very nick of time to the great joy and comfort of the English, and to the terror of the Rebells Peters preaches a thankful sermon.1030 Forbes next targets Raph Barry Castle (25 miles from Kinsale) and Cloughnicilty,1031 where he slays 200 rebels, pillages Corne and Cattell, and deposes three companies to guard the surrounds. When they in turn are beset by 7000 Foote and 300 Horse Forbes slays 800, driving them into sea and bog; taking cattle, horse, and arms to further the relief of Bandon. The victors then set aflame the town and Abbey of Timoleage and return to Kinsale. On 7 August 1642 Lord Forbes’ seventeen ships and troops sail up the southeast coast into Galway Bay, where loyalist Catholic residents (rebels) are partially joined with Old English royalists against a Protestant enclave holding the city’s fort. Forbes suspends direct attack instead burning and pillaging proximate village and countryside. Gaining influence but not submission, he denounces reconciliation, demanding the town yield on pain of death or banishment. Despite the seige and threats, the residents do not cave. On September 4th the frustrated Forbes flotilla quits Galway, desecrating the church, digging up graves, and burning mansions along the river as they head for Limerick prior to a premature autumn return to London to confront the outbreak of the English civil war.1032

1030A Relation of the Svndry Occvrrences in Ireland, 1642, unpaged (first page of account)

1031 Cloughnikilty, Clonakility

1032 Prendergast, The Cromwellian Settlement of Ireland, 75. Rev. Peter’s blow-by-blow polemic, A True Relation of the Passages of Gods Providence in a Voyage for Ireland was adopted in 1642 as Parliament’s official record of the expedition. Stearns, The Strenuous Puritan, 191, n.7, 192-201

201 ...Secretly Polluted

202 this family.. Carribean Remigration Planning Dispatched by the Earl of Warwick, in July 1643 Capt. John Chaddock arrives in a 100 ton man-of-war Boston Harbor seeking planters for Trinidado. Winthrop adds, (Mr. Humfrey having told the Earl that he might be supplied from hence) A very proud and intemperant man, Chaddock, son of the former governor of Bermuda, hires his vessel out to La Tour, returning in September to sad accident of three sailors drowning (on calm harbor days). In a drunken funk, Chattock speaks evil of the country, is restrained from shooting his ship master, and fined 20£. In November his newly fitted 30 ton-pnnace (purchased at Port Royal) explodes, killing five more. Winthrop nails the events to the Puritan bill: Two vessels have thus been blown up in our harbor, and both belonging to such as despised us and the ordinance of God amongst us.1033

Barbados Governorship Proposal In autumn of 1643 a distressed Governor Philip Bell of Barbados, formerly governor of Bermuda and Providence Island,1034 looks to New England for spiritual guides. Beset by religious factions, he seeks recruits from Massachusetts Bay rich cache of Puritan ministers. Winthrop and company spurn Bell’s request: in regard of divers sects of familists sprung up there...none of our ministers would go thither1035 By winter Bell is caught in cross-fire between the Earl of Carlisle, feudal lord of the

1033 Winthrop’s comment on Humfrey’s role is succinct and parenthetical. Chaddock’s fine is remitted to Warwick who had always been forward to do good to our colony. Journal John Winthrop, 489-491. Louise Breen reads this passage as a further example of Humfrey’s “unsettling influence.” LA Breen, Transgressing the Bounds, 108

1034 Philip Bell governed 4 English colony Islands in a career spanning two decades; Bermuda (1626- 1629), Providence Island (1631-1636), St. Lucia (1640-1641), and Barbados (1641-1647). When he departed Providence Island in 1637, he left behind both his wife and massive debts, later attributed to delinquent Providence Island Corporation payouts. His early advocacy of slave labor well suited the rapidly evolving Barbadian sugar economy, where he governed an unruly merchant-plantocracy from 1641-1647. Kupperman, Providence Island 1630-1641, 77-80, 112, 165; Puckrein, Little England, 73-87, 92

1035 The Journal of John Winthrop, 480-481, n.36-37. Bell may have been attempting to provide the large Barbadian servant class with ministerial leadership, or mollify his nominal Puritan boss, the Earl of Warwick.

203 ...Secretly Polluted Caribbean by appointment of Kings Charles,1036 and Parliament’s Commissioner of Foreign Plantation, the Earl of Warwick. Bell is warned that Warwick is plotting his replacement. Writing to Bell in January 0f 1644, Carlisle reveals a mission of great consequence and concern; for Warwick is sending to Barbados one Raymond1037 to facilitate the letting in of one Mr. Humphrey (a New England man) to be governor1038

1036 In 1624 King James granted Barbados to James Ley (Leigh) (1550-1629), Earl of Marlborough. The same year the first permanent English Caribbean settlement was established at St. Kitts (St. Christopher’s, St. Kristopher’s Island) by Capt. Thomas Warner backed by merchants Maurice Thomson and Ralph Merrifield. In 1625 Warner received a royal commission to govern St. Kitts, Nevis, Montserrat and Barbados through bribes to insolvent but influential Huguenot supporter, the Earl of Carlisle, James Hay (d. 1636). In 1627 Charles I pronounced Hay proprietor of the Caribbee Islands. Hay’s title afforded autonomous authority to enact laws, create titles, dispose estates, collect rents and taxes, select ministers and otherwise exercise the powers of a feudal lord. Meanwhile, competing investors led by Anglo-Dutch-Caribbean merchant-prince Sir William Courteen (1572-1636) sent explorer-developer Capt. John Powell to take possession of Barbados, claiming authority by an overlapping grant to Philip Herbert (1584-1650), 4th Earl of Pembroke and Earl of Montgomery. The tangle of disputed claims was resolved in 1628-1629 in favor of Hay. Powell did not easily relinquish control; but one of the original 74 settler-employees, the vain and overreaching Henry Winthrop (Winthrop’s “problem child”), switched camps and was rewarded with a magistracy before removing to England in 1628. In the 1630's Herbert transferred other Caribbean interests to the Earl of Warwick. When in 1644 Hay also switched allegiance to Parliament and Warwick, the King reconferred title over Barbados to Ley’s grandson James Lay III (1618-1665), 3rd Earl of Marlborough. Puckrein, Little England, 33-34; 101; Concise Dictionary of National Biography, 590, 609, 774; Dunn, Sugar and Slaves, 48-52; “John Winthrop to Henry Winthrop” [30 January 1628/29], Life and Letters of John Winthrop, i, 285-287. See also Rogozinski, A Brief History of the Caribbean, 67-68

1037 Warwick again sent Raymond to Barbados in the summer of 1646 to enforce Parliament’s authority, requesting Gov. Bell to afford him entertainment and countenance and employment suitable to an approved soldier. Raymond (and Warwick) came up short. Puckrein, Little England, 100-101. Three years later, in 1649, the same Lieut.-Colonel Raymond was praised for his industry and care in effecting a great alteration and amendment among Col. Peter Stubber’s rapine forces in Kent. Raymond was posted to the regiment of Col. Hercules Huncks setting out from Milford Haven to Derry and Dublin. In 1660 Raymond was court-martialed in Jamaica, West Indies, for inciting troop mutiny among a discontented souldier, that wanted nothing but a better employ, to set out his vast parts...[he who] never had any charge...[though] not uncapable of the greatest He was condemned to be shot with co-conspirator Lieut.-Colonel Edward Tyson who joined Humfrey’s regiment in Jamaica in the summer of 1656. Raymond died with an undismay’d resolution answerable to his wonted magnanimity. As Galway’s notorious Interregnum Governor in 1654, Col. Stubber was point man for the Irish maiden slave trade to the West Indies. He was put to trial at the Restoration for his command of the wicked guard of halberdiers at the trial of Charles I, but escaped punishment since he neither signed nor had a hand in the King’s execution. Firth and Davies, Regimental History of Cromwell’s Army, ii, 642, 661-662, 724, n.1, citing Edmund Hickeringill, Jamaica Viewed, 1661, 75-78; Taylor The Western Design, 196-199

1038 Puckrein, Little England, 96-97, n.22, 209, citing “Earl of Carlisle to Governor and council of Barbados,” Jan 1644, Hay Papers, (S.R.O.); Kupperman, Providence Island 1630-1641, 341-342, n.61

204 this family.. Frustrated by Carlisle’s influence in the House of Lords, Warwick’s attempts to asssume control merely strengthen the local planter-merchant faction. Bell presides over a huge quasi- indepent master-slave sugar economy. Humfrey is once again deprived of a calling.

Remarriage and Pension for a Servant of the King’s Children Lady Susan dies in 16441039 and in 1645 Humfrey marries for the fourth and final time to Mary.1040 Late that year Parliament, attempting to mitigate the costs of a King absent his London capital, provides severence pay for select Servants of the Kings Children.1041 John Humfrey Esquire is promised a pension of £400 per annum.1042 The remaining servants of the late Houshold, during their Natural Lives, are promised £3325 per annum to be distributed out of receipts from the Court of Wards and Liveries.1043

1039 “Answer of Theophilus Earle of Lincoln to Mary Humphreys and George Humphreys Complaint,” 6 July 1652, Humphreyes v. Humphreys, Middlesex Chancery Court, PRO C5/387/104. [Appendix II.D.2].

1040 Mary Humfrey’s maiden name remains undiscoved. Humphreys Genealogy, Supplement 17-18 citing A.A. (Administration Acts Book) 1652, folio 41. See also Henry Woods, Publications Colonial Society Massachusetts (Dec. 1911) in Collections Mass Historical Society, vol. 14 (Public) Transactions 1911- 1913, 120, 121, n.1; citing 4 Mass Hist Collections, vi 286; 2 Proceeding, xiii 40; Johnson, “Swampscott, Massachusetts, in the Seventeenth Century,” Essex Institute Historical Collections (Oct. 1973), 109(4):254, n.117, 298, citing Hassam, “The Bahama Islands, Notes on an Early Attempt at Colonization,” Mass Hist Soc Proc 1899-1900, xiii (2nd s), 40-41

1041 Promised £200/annum were Sir Theodore (Turqet de) Meyherne, royal physician (and godson of Calvin’s influential Protestant confidant Theodore Beza (1519-1603)); and Nicholas Bond. .Doctor Collidon was named recipient for £100/yr. Humfrey received the lion’s share at £400/annum. “Ordinance for Pensions for the Servants of the King’s Children,” Journal of the House of Lords, viii, 4 December 1645. Humfrey’s remuneration was likely premised upon his lead legal role in securing funds through the tangled Court of Wards.This presumption receives confirmation by Parliaments’ accession to widow Mary’s request for his balance unpaid during his lifetime. Calendar of State Papers, Domestic, 1656-1657, 224, 331

1042 John Humphreyes is identified employed in March 1641 as a Clerk of the Kitchen for the King’s children.“Ordinance to settle Pensions on the Servants of the King’s Children,” House of Lords Journal 6 (19 March 1644), 474-476. This is the same John Humfrey, Esq granted a pension in 1645 amounting to 400£/yr out of revenues of the Court of Wards. “Ordinance to settle Pensions on the Servants of the King’s Children,” House of Lords Journal 8 (4 December 1645) 23-28. John Humfrey did not reach England until December 1641. However, March 1641 old style conforms to March 1642, by which time Humfrey’s legal and accounting credentials commended him to a Parliament devoted to stringest royal household cost containment.

1043 Cornelius Holland, Esquire (1600-1660's) was responsible for this financial distribution to the household officers. “Ordinance for Pensions for the Servants of the King’s Children,” Journal of the House of Lords, 8 (4 December 1645) 23-28. Under the patronage of the elder Sir Harry Vane, Holland rose from Clerk of Acatry (1629, meat supply) to Clerk-controller of the newly formed Prince of Wales household (1635). Holland Adventured £600 in the Naval Force for Ireland (1642), the Saugus Iron Works (1642-

205 ...Secretly Polluted Humfrey’s troop in Flanders In 1645 Parliament’s Committee of Adventurers caughs up military back pay to and through Lord Forbes.1044 Col. Humphry’s men, absent Humfrey, are posted to the southwest Netherlands to confront the King’s nephew, Prince Rupert. By instructions of April 20, Col. Rookeby’s regiment1045 is to march towards Flanders Prince Robert [Rupert] marches toward Lorraine and Col Humphry’s men under the command of -----1046

Humfrey’s 1646 letter to Winthrop His September 1646 post to Bay Governor Winthrop locates Humfrey at Gravesend, England.1047 With mixed remorse and frustration Humfrey describes the breach of family

1643), and the Eleutheria Project (1647). Aylmer, The King’s Servants, 368-369; Prendergast, Cromwellian Settlement for Ireland, 407; Hartley, Ironworks on the Saugus, 73; Brenner, Merchants and Revolution, 526. Holland was rewarded well for his long relationship with Humfrey. In 1650 Parliament confirmed his petition for £2537/15s for wages due prior to 1641 for employ in the King’s household. John Humfrey was one of 4 Trustees for Sale of the said Goods who certifed the debt. “Late King’s Servants, &c.,”House of Commons Journal, 6 (15 November 1650) 496. See also Kelsey, Inventing a Republic, 162. A marginal regicide (he did not sign the warrant), Holland was responsible for the King’s trial provisions (1649), served as Commonwealth MP from 1649-1650, by 1653 treasurer for the Rump Parliament. Edwards, The Last Days of Charles I ,118, 129; Aylmer, The State’s Servants, 27, 353n11. He escaped to Holland in 1660 and died later in Lausanne. Concise Dictionary of National Biography, 631

1044 Lord Forbes was furnished 2,498£ for himself, officers, and troopers Besides what he received when he came over from Ireland. Calendar of State Papers, Domestic-Charles I, 1645-1647, 417. Typical pay per day during the civil war period was 8p for foot, 1s 6p for dragoons (foot and cavalry), and 2s 6p for horse troopers. Captains made 8s, a colonel 1£, and major-general 10 £. Kenyon and Ohlmeyer (eds.), The Civil Wars. A Military History of England Scotland and Ireland 1638-1660, 106

1045 Col. (Major) Rookeby’s (Rooksby, Rokeby, Rockeby) regiment was folded into Maj-General Lambert’s at Cromwell’s 1650 invasion of Scotland. Rookeby died of wounds incurred during the hugely succesful initial cavalry charge at Dunbar. His wife was later voted £200 per annum by Parliament. “Cromwell to William Lenthall” (4 Sept. 1650), Carlyle, Cromwell’s Letters and Speeches, ii, 215; Firth and Davies, Regimental History of Cromwell’s Army, i, 255

1046 Calendar of State Papers, Domestic-Charles I, 1645-1647, 417.

1047 Rose-Troup blasts Winthrop, who “took every possible step to blazon abroad the shame, not only so, but even to record every disgusting detail in his Journal” Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 304-305. By Puritan standards events of misfortune marked God’s work. Publication shamed not only responsible parties; but acknowledged contrition and conviction intended to forestall communal Godly punishment.

206 this family.. ties, worse than any loss of wordly estate.1048 It is true the want of that lost occasion (the losse of all I had in the world) doth, upon rubbings of that irreparable blow, some times a little trouble me; but in no respect equal to this, that I see my hope and possibilities of ever enjoying those I did and was readie to suffer anie thing for utterly taken away. Considering the personal blow he suffered, he prays God attend the perpetrators, and ponders some unforseen blessing for himeself: But by what intermediate hande soever this is befallen me (whose neglects and unkindness God I hope will mind them for their good) yet I desire to looke at his hand for good (I doubt not) to me, though I doe not soe fullie see which way it may work Patently conscious of Winthrop’s devaluation, Humfrey cannot forbear both to thank and chastise him: Sir I thank you againe and againe (and that in sinceritie) for any fruites of your goodness to me or mine, and for any thing contrarie, I blesse his name I labour to forget, and desire him to pardon And in a final bow to Winthrop: If now you have anie service to command me, you shall find me readie to serve you, and therein it will appeare I serve not myself, the occasion of that suspicion being taken away, and farewell it1049

Eleutheria Project of 1647 In late October 1645, the House of Commons, challenged by royalist control in Bermuda, demands liberties of their Consciences for all inhabitants of ye Somers Islands. Anticipating a Puritan diaspora, Warwick’s Committee for Foreign Plantations confirms their freedom of worship in all other parts and throughout the coasts of America.1050 The articles are signed by Humfrey cohorts Miles Corbett, Cornelius Holland, and charter

1048 Humfrey’s passive withdrawal from his shamed and defamed children embraced Winthrop’s attribution of culpable parental neglect and necessity of foster placement. For many elite parents overt expressions of affection and intimacy toward children were bound-up by anxiety linked to forbidden sexual activity, sin, and scandal. Illick, “Anglo-American Child Rearing” in deMause, The History of Childhood, passim ; Morgan, The Puritan Family, 93-97; Hawthorne, The Scarlet Letter and Other Tales, passim.; Fischer, Albion’s Seed, 93, 99;

1049 Winthrop Papers, v (1645-1649), 101-102; Hutchinson’s Collected Papers, i, 159-160. See also Lewis and Newhall, History of Lynn, 199; Humphreys, The Humphreys Family in America, 87, n.***

1050 Williams, An Historical and Statistical account of the Bermudas (London: Newby, 1848), Appendix E, 264-266.

207 ...Secretly Polluted members of the disbanded Providence Island Company.1051 This seminal Parliamentary act of imposed toleration extending to all the plantations anticipates the 1647 Articles and Orders for the Bahamas, the Eleutheria Project. Parliament’s patent provides governance by a senate of landed adventurers, not far different from that first imposed in the Massachusetts Bay. But the warrant for liberty of religious conscience also promotes a broader colonial political realignment sought not only in Roger William’s charter for Providence, but in Cromwell’s emerging Western Design. Humfrey’s £100 venture with Owen Roe, Gualter Frost, Cornelius Holland, and Arthur Squibb and some 20 others finds him in intimate association with radical religious independents as well as more moderate Puritan tolerationists.1052 The 70-plus English and Bermuda migrants led by William Sayle and Rev. Patrick Copeland seek recruits from Virgina, but appear condemned to slaves and malcontents expelled from Bermuda. The distressed planters seek relief, finally obtaining £800 charity from supportive Bay congregations in 1650, in turn remitting a rich supply of Brazilian rosewood.1053 The project is thought in terminal ruin when Cromwell in 1656 orders Jamaica to offer succor to the 60 odd remaining. Sayle hastens to Bermuda, eventually to govern as royalist, later appointed to the same in South Carolina. Eleutheria survives.1054

Disbanding Declaration of 1648 From its 1645 creation through the efforts of Cromwell and Colonel (later General) Charles Fleetwood,1055 and the command of Lord Fairfax, the New Model Army enjoys

1051 Earl of Warwick, Earl of Manchester, Lord Say & Sele, Arthur Haselrig, Benjamin Rudyerd. Henry Vane (Jr) and two others were also signatory to the declaration. Ibid., Williams, 266. For charter members of the Providence Island Corporation, see Kupperman, Providence Island 1630-1641. Appendix I. 357- 360

1052 Brenner, Merchants and Revolution, 523-528

1053 Sold in 1650 for £134, the rosewood returned to Harvard under Charles Chauney the third largest single endowment since John Havard’s first £600 in 1638.

1054 Neill, Founders of Maryland, 115, n.

1055 Charles Fleetwood (d. 1692) of Northamptonshire was admitted to Gray’s Inn in January 1639, later appointed to the Court of Wards. He served in General Essex’s personal guard in 1642, and commanded the New Model Army cavalry at Naseby in 1645. From 1646 he promoted the army-backed Puritan- Independent agenda in Parliament, but took no active part in the trial and regicide of Charles I. His military prowesss and unswerving devotion to Cromwell gained him a 1650 appointment to the pivotal Council on Trade (which included Sir Henry Vane Jr.) and in 1651 to the Council of State. In late 1651 Fleetwood (with Cromwell, Thomas Harrison, Arthur Haselrig, Henry Mildmay, and twenty- one other House of Commons MPs) established the Hale Commission for legal reform, which sought to broaden popular access to the courts already commenced by the us of English rather than Latin in legal

208 this family.. exemplary success in Parliament’s struggle with royalist forces. The King views the professional but largely untitled officers with a mixture of disdain and derision: Look on Col. Fleetwood’s regiment with his Major Harrison, what a cluster of preaching officers and troopers there is1056 And Parliament, controlled by Presbyterians and barely coping with military deficits, is splintered by fear of radical democratization and puritan-independent military takeover.1057 It orders disbandment of the army. Humfrey’s regiment in the New Model Army holds out, demanding pay for

proceedings. The non-parliamentary twenty-one (later 23) man commission led by Sir Matthew Hale included such Humfrey stalwarts as Hugh Peter, William Steele, John Sparrow, and John Rushworth, the latter two investors in the 1647 Eleutheria Project. Brenner, Merchants and Revolution, 574. The Commission proposed centrally appointed local courts with equal and timely access; local registry of land transactions, wills and administrations; limits on legal fees; and recovery of costs upon aquittal in criminal cases. It sought to end technical writs-of-error used on appeal to delay due process, abolish the death penalty for theft, and upgrade professional legal practice. Confounded by Leveller demands for popular democracy and local control and legal pandering, an irresolute Parliament failed to enact the proposals. Nonetheless, the Commission established important important targets for later reform. Brenner, Merchants and Revolution, 573-575; 604-605, n.56; Stearns, The Strenuous Puritan, Hugh Peter, 386-3387; Haskins, Law and Authority in Early Massachusetts, 191-192, n.11. In 1652 Fleetwood took command of Parliament’s forces in Ireland. Upon his 1653 marriage to Henry Ireton’s widow Bridget (Cromwell’s eldest daughter), Fleetwood was appointed Lord Deputy of Ireland (1654-1657). His active rule there encompassed the years of 1652-1655, during which he settled soldiers upon confiscated estates, supplied the country with a new class of Independent and sectarian preachers, and forcibly transported thousands of Irish to the West Indies. Wholesale persecution of Catholics fostered continued rebellion, while favoritism for Anabaptists and radical Purtans enraged Presbyterians, resulting in his recall from Ireland in 1655. On return to England he was appointed Major-General of the Eastern District, later serving in Cromwell’s House of Lords in 1656, and was (with Lambert) one of Cromwell’s heirs-apparent. His nominal support of Richard Cromwell gained him command of the army in 1659, but political turbulence and military intrigue deprived him of his commission. Losing control to General Monck, at the Restoration Fleetwood was denied further office yet permitted a quiet retirement for three ensuing decades, passing in 1692. Encyclopedia Britannica, (11th ed.), x, 493; Concise Dictionary of National Biography, 444. Regarding new ministers to Ireland, see Seymour, The Puritans in Ireland 1647- 1661, 60-63

1056 Edwards, The Last Days of Charles , 38, n.9, 200, citing Petrie (ed.), Letters, Speeches and Proclamations of Charles I, 217

1057 In 1647 Parliament faced huge military debts on the order of £2.8 million. Distress over unpaid wages provoked forced quartering and rampant plunder-theft. When the New Model soldiers resisted disbandment by petitioning for back-pay and legal protection for following orders (indemnification), Parliament declared them “enemies of the State.” This prompted the election of troop agitators to the New Model council of war. Meeting at Putney in November the council proposed an Agreement of the People was forged with expanded suffrage, religious liberty, and an end to the draft, as well as agitating for the invasion of London, and the impeachment of Presbyterian leadership of Parliament. Kenyon & Ohlmyer, The Civil Wars, 147-151

209 ...Secretly Polluted services long past rendered. By late 1647 the Regiment is under a cloud of aspersions and Scandals beset by charges of plotting and fomenting discontents. The Officers, led by Colonell Iohn Humfery, defend themselves in a resounding Declaration and Vindication: Accused Innocencie may crave so much liberty as to speak for itselfe, and we hope a just Vindication of our late proceedings is both convenient and necaessary. Were not our Enemies powerfull, and the accusations guided over with pretended truth, wee had not appeared in publique; but things falling out as hey doe in the fomicture of time, our expectations being raised for a better construction of our actions our silence had been our sins, and wee justly culpable of so grosse a neglect. Alluding to last Summers actions which gave both edge and action to our swords, the officers pledge continued obedience to Parliament Authority, and his Excellencies commands but ever willing to engage again, being very ambitious of the honour to bee stiled the Faithfull Servants of our English Parliament.1058

Humfrey’s Regiment to France In March 1648 10,000 Scots gather for an assault on Parliament and Pembroke Castle in Wales declares for the King. Parliamentary issues an urgent order forbidding the transportation of soldiers or forces out of this kingdom.1059 Surprisingly, Humfrey gains permission from Fairfax to transport a regiment of foot into France.1060 The Parliamentary Committee of Both Houses, including the Edward Montagu, Cromwell, and the senior Vane, concurs. In April the Committee with Saye & Sele and Warwick in attendance, instructs Humfrey to deploy a detachment to France led by Lt-Col. Piggot,1061 one of the signatories to Humfrey’s Disbanding Declaration.1062 Piggot is

1058 “Humfrey, John, Colonel. Declaration of officers of his regiment.” 30 Jan 1648, Thomason Tracts, vol.425 (14), 1-3. See Appendix II.A “Disbanding Declaration”

1059 Calendar of State Papers, Domestic-Charles I, 1648-1649, 24, 25 Humfrey had 500 men at Southampton ready to embark. As the Committee put it to customs: We therefore desire you not to hinder Col. Humfrey from transporting this regiment into France according to the General’s leave.

1060 Perhaps Humfrey was in pursuit of the King’s cousin James, the Duke of York, who had escaped to France dressed as a woman. Edwards, the Last Days of Charles I, 72

1061 Some tentative Piggott links: Richard Piggott, grocer. ventures £300 for the Irish Expedition.. Prendergast, The Cromwellian Settlement of Ireland, 447. In May 1647 William Piggott petitioned Gov. Winthrop in Newe Englande to intervene in his son’s eleven-year indenture to shipwright Roger Hanodown of Weymouth. Piggott charged that Master Hanodown connived to sell the lad to Mr. Gross, brewer. or some Scotsman bound to Barbados. Furthermore, Hanodown had

210 this family.. instructed to assemble his troop from royalist deserters at Pembroke Castle in England: Lieut-Col. Piggot shall have leave to carry into France such soldiers as he may detach from Col. Poyer’s party.1063 After a prolonged seige, In June the Castle surrenders. Parliamentary victories in July and August repell the Scotish army.1064

Humfrey and the King By autumn, having sent the Scots packing, the Parliament reverts to London-based Presbyterian and moderate influence. The Puritan and Leveller factions in the New Model

Divers tymes abused him (not with prudent Correction) but hath by his Indiscreet and passionat usage Dishartned the boy, that it hath made him weary of his life. Piggot requested that Winthrop place him with Goodman Chafey... hee beinge a Godly honest Consciencious man. “William Piggott to John Winthrop,” 4 May 1647, Winthrop Papers, v (1645-1649), 154-155. In December 1656 William Piggott testified at Parliament’s horrid blasphemies trial of Quaker James Naylor, who was marked for the whip, the brand “B” (for blasphemy), tongue-boring, and imprisoned. The Diary of Thomas Burton, Saturday 6 December 1656, 37-53, n.6; Frasier The Lord Protector, 591-592, 598. In 1655 the wife of Boston’s Christopher Piggot was ordered to join him at Muddy River (Brookline). Savage, Genealogical Dictionary of New England, iii, 435. Brewer Isaac Gross was an improper Antinomian dismissed with Rev. Wheelwright in 1638. In Boston in 1647 he was ordered not to sell any bear by the quart within dors any more. He passed away in 1649. Winsor, Memorial History of Boston, I, 493-494, n.2 Pope, Pioneers of Massachusetts, 202. Roger Hannodown (Ammidowne, Ammidon) of Weymouth, formerly of Salem and later in Boston and Rehoboth, was named to transfer 22£ in receivables in 1640; had a daughter in 1643. Lechford, Manuscript Note-Book, 281-282, n.1; Pope, Pioneers of Massachusetts, 17; Savage, Genealogical Dictionary of New England, ii, 350. Ship-carpenter Matthew Chaffe (Chaffey, Chaffin) joined the Boston meeting in 1636, shortly after merchant Valentine Hill. He sold a portion of his lot there in 1649. Hart, The Memorial History of Boston, I, 571; III, xii [signature]. In 1646 Chaffe [Chassse] was witness to Hill’s 50£ co-bond to Dorchester tanner John Glover. In 1649 he provided salvage values for the shipwrecked Peter & Paule of Dover, e.g., a suite of sailes half worne worth 40£, and 3 yron gunns and one brasse gun appraised at 26£ 12s. Aspinwall Notarial Records, 94, 213. Perhaps Chaffe later moved to Newbury, where he bought Dr. John Clarke’s farm. Savage, Genealogical Dictionary of New England, I, 352; Pope, Pioneers of Massachusetts, 92

1062 “Humfrey, John, Colonel. Declaration of officers of his regiment.” 30 Jan 1648, Thomason Tracts, vol.425 (14), 1-3. See Appendix II.A “Disbanding Declaration”

1063 Calendar of State Papers, Domestic-Charles I, 1648-1649, 52. .Colonel John Poyer, refusing Fairfax’s March command to deliver up Pembroke Castle, was declared a traitor. Calendar of State Papers, Domestic-Charles I, 1647-1648, 25. During Cromwell’s long seige of the Castle, an impatient Hugh Peter dispatched 6 heavy cannon from the ship Lion at Milford Haven, and clothing and beer from Bristol. The Castle gave in on 11 July 1648, and Peter was later instrumental in pressing treason charges against Poyer. Stearns, The Strenuous Puritan, Hugh Peter, 318-319, 341

1064 Lingard, History of England, x, 238-239

211 ...Secretly Polluted Army dispute and finally issue the Remonstrance of the Army to Parliament in pursuit of back wages and abolition of the monarchy, bishops, episcopal land holding, and the House of Lords.1065 Parliament delays. In late November of 1648 General Fairfax prepares to march from Windsor to Parliament, demanding an immediate payment of £40,000 for security against past wages due. On 6 December Colonel Thomas Pride leads Pride’s Purge, a military coup d’etat that arrests and disbars Parliamentary moderates and Presbyterians, stacking the deck with an army-installed Rump Parliament.1066 The House of Commons rumps trumps and dumps the Lords, assuming full authority.1067 On Tuesday 9 January 1649 Colonel John Humfries Esquire is ordered by Parliament to have Office in the Custom-house. 1068 During these momentous events, Humfrey supports and legitimizes the proceedings. On Wednesday Humfrey is grouped with solicitors and officials around Chief Justice John Bradshaw.1069 Observer Thomas

1065 Kenyon and Ohlmeyer, The Civil Wars in England, 353

1066 Rump Parliament was name given after Col. Thomas Pride, acting at the behest of Generals Henry Ireton and 26-year old Lord Thomas Grey of Groby, enacted Pride’s Purge excluding from Parliament moderate and Presbyterian factions favoring reconciliation with the King and due process. Over 40 MP’s were arrested as Commons sheared 80% of its 240 members. In the House of Lords at most 15 took seats thereafter. Cromwell, claiming ignorence of the plan, applauded the result as the inspiration of the Almighty. Lingard, History of England, x, 241-248; Edwards, The Last Days of Charles I, 82-85, 97-99

1067 On 1 January 1649 a decimated House of Lords rejected the Commons’ treason trial ordinance. Two days later the Commons, backed by the military junta, assumed full control of Parliament as the Lords adjourned. Prynne, detained for years and absent his ears by the King’s justice, bravely castigated the unparliamentary Juncto, touching their present Intentions and proceedings to depose and execute Charles Steward, their lawful King. Abbot, Writings and Speeches of Oliver Cromwell, i, 730- 731; Edwards, The Last Days of Charles I, 99- 101

1068 House of Commons Journal 6:9 January 1649 (ns)

1069 John Bradshaw of Westminster (1602-1659) clerked at Gray’s Inn in 1622, was called to the bar in 1627, and served in 1644 as counsel with William Prynne in the prosecution of leaders of the Irish Rebellion. Bradshaw was also counsel to John Lilburne in 1645, and later judge in in London, Chester, and Wales. After the King’s death sentence he conducted the trials of royalists including Sir Henry Rich, Earl of Holland, brother to Sir Robert Rich, Earl of Warwick. Bradshaw strongly opposed the protectorate of Cromwell, temporarily retired, and was returned to Parliament after Richard Cromwell’s abdication. He became Commissioner of the Great Seal, shortly thereafter dying in bad health in 1659. “Bradshaw, John” Encyclopedia Brittanica (11th ed.), iv, 374; Abbott, Writings and Speeches of Oliver Cromwell, i, 730. Hugh Peter, instrumental in promoting the circus trial, supposedly congratulated Bradshaw after the first day; This was a most glorious beginning of the work. Stearns, The Strenuous Puritan: Hugh Peter, 331, 333

212 this family.. Walkeley1070 later testifies I went down the next day to the Painted Chamber at Westminster1071...it was desired that strangers might avoid the room; then came up Cook, and Dorislaus, and Humphreys, and Ask, and Dendy, and several others, and stood by Bradshaw at the upper end of the table; but Cromwell stood up and told them it was necessary that the people should go out; but that was over- ruled.1072 On Wednesday the week following, an abbreviated commission assigns Humfrey the iconic duty1073 to bear the Sword of State in the trial procession to the Great Hall of

1070 Bookseller Walkeley’s so-called impartial account also served to nail Hugh Peter at his regicide trial. Abbott, Writings and Speeches of Oliver Cromwell, i, 730-1, citing Thomas Walkeley’s “Testimony at Peter’s trial,” Exact and impartial account, 160-161. Thomas Walkeley (Walkley, Wakeley, Walkely, Walkly) gained lasting recognition as the initial publisher/printer of Othello in 1622, an edition which also gave the first public notice of the Shakespeare’s demise in 1616. Among other efforts, in 1638 Walkeley released Esops fables translated out of Latyn (1638) and through 1645 printed numerous Parliamentary speeches, broadsides, and unauthorized Royalist poems. His recurrent catalogues of nobility, gentry, peers, and members of Parliament in 1622, 1630, 1644, 1646, 1652, and 1658 gained him fame and notoriety, although he passed inpoverished. Lesser, Renaissance Drama and the Politics of Publication, ch.5, passim

1071 Originally the King’s Chamber’s in the 13th Century Royal Palace of Henry III, the Painted Chamberat Westminster took its name from huge Old Testament depictions celebrating the triumph of virtue through battle. The Chamber became the established venue for ceremonials, conferences, and the House of Lords. Its use for pre-trial planning and witness examination was convenient by proximity to the House of Commons and Westminister Hall. Its use also fortified the claim of the Commons to supreme judicial authority, both in its derogation of the House of Lords, the traditional High Court of the Realm, and its pretence of legal process in the trial of Charles I to avoid the imputation of summary justice.

1072 Abbott, Writings and Speeches of Oliver Cromwell, i, 730-1, citing Thomas Walkeley’s “Testimony at Peter’s trial,” Exact and impartial account, 160-161. Sergeant-at-Arms Edward Dendy proclaimed the High Court’s existence. Denizens of Gray’s Inn William Steele (as chief) and John Cook, Dr. Isaac Dorislaus, and John Aske (or Richard Aske) were appointed prosecuting attorneys for the High Court of Justice. Cook read the charges. Dorislaus found precedent in ancient Roman law where a tyrant could be lawfully overthrown by the Praetorian Guard. Steele took a sick-day for the occasion. The Last Days of Charles I, 104-105, 113, 128, 192-193; Edwards, The Last Days of Charles I, 116-121

1073 Moot and Bolt Courts and celebratory appointments of Lords of Misrule, i.e., masters of revel, were traditions at the Inn’s of Court where Humfrey trained and worked. Issues of legal imposture and misrule by those of inferior rank suffused the King’s trial for treason. The terms lord of misrule and traytor were applied by Gov. Bradford to MerryMount’s Thomas Morton (of Furnefells Inne) for reviving in New England yee beas[t]ly practieses of y mad Bacchinalians, and for gun and ammo trade with the Indians. Bradford’s History “Of Plimoth Plantation.” 285-288

213 ...Secretly Polluted Westminster.1074 He gains the Sword from its temporary keeper, Sir Henry Mildmay.1075 The order of procession is fixed. First comes twenty halbediers,1076 led by Colonel Fox.1077 Then messengers, ushers and the Court Crier. Next marches Humfrey with the Sword of State . Then comes Sergeant-at-Arms Edward Dendy bearing the Mace. Finally Lord President Bradshaw followed by the Commissioners. When the court is in session, Sword and Mace are crossed on the table in front of the Lord President, the Sword over Mace, force commanding all subordinate authority. Thus the trial commences.1078 On Saturday 21 January 1649, and through the week following a proud Humfrey bears the Sword. The unprecedented court finds King Charles guilty of treason in the name of the people.1079 Upon the signing of the death warrant, Dendy receives the bright execution axe from the Tower of London guard.1080

1074 A deceased Humfrey Snr. was warranted 190£ for salary as sword-bearer to the High Court of Justice in August of 1653. “Warrants by the Council of State for Payment of Money,” Calendar of State Papers, Domestic-Interregnum.1653-1654, 451; Sword of State, Appendix III B. Humfrey Estate Accounts. This resolves the query “who carried that sword?” in favor of the senior over the junior John Humfrey. Rose- Troup, “John Humfrey,” The Essex Institute Historical Collections 1929, v. 65 306-307; Kupperman, Providence Island 1630-1641, 342

1075 Sir Henry Mildmay, descendent of the founder of Emmanuel College Cambridge, a favorite of Charles I who lavished funds and property and proclaimed him Master of the Jewels. In 1640 MP for Maldon, Essex in the Short and Long Parliaments he favored Strafford, but for his religious scruplest urned to Parliament, serving on the Committe for Revenue in 1643. Although a commissioner at the King’s trial, he did not sign the death warrant. For his complicity he was dragged back and forth to the gallows with halter about his neck at the Restoration, later banished from the Kingdom. Diary of Samuel Pepys, I, 1661, 27 Jan. 1661/1662

1076 Halbediers carry halberds, i.e. a long-handled battle-axe topped by a spear. Edwards, The Last Days of Charles I, 121, 125

1077 Perhaps this Col. Fox is the same Major Fox, a member of Bradshaw’s bodyguard, briefly remanded to Ludgate Prison, either for debt or suspicion of plotting against the makeshift court. Wedgewood, A Coffin for King Charles, 172, n.11, 284, citing J Nalson, A True Copy of the Journal of the High Court of Justice for the Trial of King Charles I (London, 1684), 63; Edwards, The Last Days of Charles I, 147. Might this have been the same jovial tinker (from his father’s vocation and his own persistent frown) Colonel Thomas Fox, active from 1643-1644? He was notable for war profiteering and fierce dragoon raids. RE Sherwood, Civil Strife in the Midlands 1642-1651, 13-14, 117-118

1078 Edwards, The Last Days of Charles I, 116-121; 125-127

1079 At the King’s trial the functions of prosecution, judge, and jury were vested in a Parliamentary committee of 150 members, nominally led by John Bradshaw, the President of the Court. Charles I was afforded no legal assistance and stood on his own behalf. Edwards, The Last Days of Charles I, 99-101; State Trials, v, 1124

1080 Edwards, The Last Days of Charles I, 165

214 this family.. While dining at Westminister College after the King’s decapitation, Humfrey pronounces the deed done, although by whom he does not know. the work was done. Does not know who was the executioner, but Major- Gen. Harrison and Col. Hacker,1081 who had command of the scaffold, could tell. Was not on the scaffold till an hour and a half after the execution, when most of the boards were removed.1082

Interregnum Committee Appointments

Parliament’s Military Courts To discourage Royalist service and affiliation, in 1644 and again in 1646 Parliament appoints John Humfrey to a 56-member court-martial committee, any twelve of whom may try persons attempting to join the King’s service who conspire to exit London or other places under Parliamentary control. The order likewise forbids messages received or sent from royalist forces. The penalty is bodily punishment or death. Plotting to surrender is likewise punished with death. The first tribunal committee includes Humfrey’s Providence Island connections Edward Montagu (2nd Earl of Manchester), William Fiennes (Lord Saye & Sele), and Sir Arthur Haselrig. In 1646 Parliament prunes the committee from 56 to 46 members,1083 deleting many out of the House of Lords. Nineteen re-appointees emerge, mostly from the ranks of the professional military. Committeemen notable for their links to Humfrey

1081 Harrison’s regicide defense based in conscience, was nonetheless terminated by mutilation, his head set on a pole overlooking Westminster Hall, and his body apportioned to the four gates to London. Col. Francis Hacker, not signatory to the King’s death warrant, made a Nuremberg defense, “just following orders,” but was likewise executed. Firth and Davies, Regimental History of Cromwell’s Army, i, 183, 198- 200; 238-239

1082 Testimony of Phineas Payne, of the Mermaid, over against the Mews, examined on 25 June 1660. Payne was a messenger for Lord Fairfax and Cromwell, and court doorkeeper at the King’s trial. Calendar of State Papers, Domestic-Charles II. 1660-1661, 65. See also House of Commons Journal, 12 September 1645, v.4; 31 August 1648, v.5. Payne’s testimony was hardly disinterested, as he was one of several persons suspected of depriving the King of his head. See Notes and Queries (London, No. 527) referencing Pilip Sydney’s list in The Gentleman’s Magazine, 1905, 217

1083 The first court martial commission was led by Robert Devereux, Earl of Essex, General of the Forces raised by the Houses of Parliament. By 1646 he had been replaced by Kinght Sir Thomas Fairfax, General of those same bodies. Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 482, 842

215 ...Secretly Polluted include Col. Charles Fleetwood, Sgt.-Major Phillip Skippon,1084 William Steele,1085 Col. Christopher Witchcoate,1086 and John Bradshaw, the latter two playing an active role in the

1084 In 1642 and thereafter Skippon promoted and ventured £400 for the Adventurers for Lands in Ireland, the Parliament-backed privateering Irish Expedition. Brenner, Merchants and Revolution, 530; Prendergast The Cromwellian Settlement of Ireland, 446, 480. He also served on militia committees for Westminster with Humfrey. Deeds to lands purchased by Sir Matthew Hale from John Humphrey owned by Major General Philip Skippon have been located. Lambeth Palace Library (archives, MS3515, 1594-1669). Fairhurst Papers (ff1-3) [undated]. www.lambethpalacelibrary.org.uk Phillip Skippon (d. 1660) served in the Palatinate and Netherlands from the early 1620s, and upon his return was admitted to the London Artillery Company in 1639. In 1642 he headed the London militia and parliamentary guard. Although second in command to both Essex and Fairfax, his moral, rhetorical, and tactical skills helped bring about the 1645 conversion from local trained bands to a professional New Model Army which renounced plunder and pillage on pain of death and otherwise promoted a stringent code of model soldier behavior. Although Presbyterian, MP Skippon was a mainspring of the London- based merchant Puritan-Independent faction, notably in mediation with Leveller army activists. Appointed a trial judge for the King in 1649, he (like Fairfax) avoided attending, nonetheless later serving on all but the 4th Council of State under Cromwell and appointed to the Protector’s House of Lords in 1657. “Phillip Skippon,” Encyclopedia Britannica, (11th ed.), xxv, 192-193; Concise Dictionary of National Biography, 1208; Wedgewood, the King’s War, 434

1085 William Steele (1610-1680) attended Caius College, Cambridge; in 1637 barrister at Gray’s Inn, in 1648 Recorder of London. In late 1648 he was one of four prosecutors assigned to try King Charles, but failed to appear due to “illness.” After the King’s decapitation he was party to the sale of the king’s land and the manor of Penkneth. Copy, Bargain and sale Deed 121, Hollis no. APW5673, Harvard Library. In 1649 Steele chaired the special English corporation formed to to channel funds to New England and exonerate Thomas Weld and Hugh Peter from charges of embezzlement and fraud. In 1652 he served with Peter on the Hale Commission to reform by statute English common law. Stearns, The Strenuous Puritan, 176-177, 179-180, 386. In 1654 Steele was MP (Member of Parliament) from London. In 1656 Lord Chancellor of Ireland, at the fall of Richard Cromwell in 1659 hw was one of five appointed to govern Ireland. At the Restoration he gained amnesty through the Act of Indemnity, but fearing prosecution moved to Holland, later back to England and Dublin, where he died in 1680. “William Steele,” Encyclopedia Britannica (11th ed.), xxv, 867

1086 After his appointment to the London Court Martial commission with Humfrey in 1646, Col. Christopher Whichcote served as Governor of Windsor Castle where he received detailed instructions for securing Charles I against escape in 1647. After the King’s trial in 1649, Whichcote directed the King’s funeral, selecting his place of burial while refusing to allow the Book of Common Prayer, banned by Act of Parliament, to be read at the burial, saying he would not suffer it to be used where he commanded. Wedgewood, A Coffin for King Charles, 238. Col. Christopher Whichcote was accused of misappropriation of funds in 1651. Aylmer, The States Servants, 155. Some state he then lost his command but likely .he retained Cromwell’s favor, remaining Governor of Windsor Castle at least through 1657. Letter, “Whichcote to Lord Fleetwood” 10 March 1657/1658. [web link lost. For Humfrey connection, see Mrs Whichcocke in Appendix III B. Accounts]

216 this family.. regicide-to-come.1087

Militia Commissions In late 1641 at the onset of the widening opposition to the King, Parliament gains control over the London militia through the appointment of a powerful Committee of Safety representing diverse anti-royalist political factions. From 1643-1647 both Parliament and the militia are dominated by the Presbyterian/old-merchant faction. In May 1647 as the first phase of the English Civil War draws to a close, the Commons votes to pay long-due Scottish Army arrears to facilitate their departure. In the subsequent military vacuum the New Model Army looms politically large. The Presbyterian Parliament, backed by London financiers, calls for army disbandment as a necessary fiscal economy.1088 The political aim is to disable the opposition Parliament’s Puritan-Independent professional-military coalition.1089 In July 1647 conciliatory negotiations break down with the King. Both Houses of Parliament and Speaker Lenthall are beset by a London mob demanding an end to the Parliamentary militia committees. An independent-radical Southwark Borough, just south of the Thames in Surrey, calls for the New Model Army to hasten return to London to

1087 “An Ordinance for the speedy establishing of a Court-Martial within the Cities of London, Westminster, and Lines of Communication” (16 August 1644 and 3 April 1646), Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 487-487; 842. Serving on the committe with Humfrey was Sir James Harrington Knight, a member of the Commission which tried King Charles; and at the Restoration excluded from the Acts of Pardon. His better known cousin James Harrington (1611-1677) was appointed by Parliament in 1647 to attend Charles I in detention at Holmby, whereupon Harrington refused to disclose their confidential conversations. In 1656 he published a utopian model for a a Constitutional Repaublic, The Commonwealth of Oceana. The book was long rejected by Cromwell, printed only by the intervention of Cromwell’s daughter. It proposed an equitable distribution of land, strict limits on the accumulation of wealth, and term limits for executive and legislators, a model for a our own Constitution. Harrington “James Harrington,” Encyclopedia Britannica, (11th ed.), xiii, 18-19. See also Wedgwood, The King’s War. 1641-1647. 610-611

1088 The monthly cost of the Army was roughly £53,000 and arrears were mounting. Edwards, The Last Days of Charles I, 40

1089 Parliament’s Committee of Safety took control of the London militia in late 1641 at the height of the confrontation with Charles I, leading to his extrusion from the city. The militia committe ousted London’s entrenched vestry-merchant bosses by granting all taxpaying freemen electoral participation. Brenner, Merchants and Revolution, 399-400. Such Puritan-Independent and new merchant interests on the Committee of Safety were eclipsed from 1643-1647 by a moderate faction which preferred a limited monarchy, established institutions, vested religious authority (Presbyterian form), and a non-professional military. Idem, 456-459

217 ...Secretly Polluted counter mob rule.1090 In August the army enters London.1091 Upon the trial and decapitation of the King in January 1649, the army is challenged by the populist-democratizing Leveller faction. Greater London is again beset by agitators and angry crowds. On the 19th of March 1649 the Commons appoints John Humphries to a large fifty-six member Militia Commission for Westminster.1092 The committee is authorized to draft and recruit any suitable male inhabitant for: the suppression of all Rebellions, Insurrection and Invasions that may happen within the said City...and into any other part of the Commonwealth of England, or dominion of Wales1093

Hugh Peter’s Sickness In May 1649 Humfrey gains appointment to the influential Committe for the

1090 Southwark spawned at least two Puritan-Independent John Humphreys who gained notice during the extended civil war. One is identified as mariner Capt John Humphreys of St. Magdelene parish. Coldham, English Adventurers and Emigrants 1609-1660, 151. [vide note infra]. A different Southwark John Humphrey was long associated with St. Savior’s parish. 55 (60 Matij 1656/57), Bower Marsh (ed), Records of the Worshipful Company of Carpenters (1913), 28-36. This constable Humphrey was appointed in 1642 to apprehend suspected mob agitators and in 1642 and 1647 to the Southwark militia commission. “Apprehending suspected Persons,” House of Commons Journal 2 (06 August 1642); House of Lords Journal 5 (20 August 1642); ibid. 9 (9 September 1647). See also“An Ordinance for constituting a committee of Militia within the Borough of Southwark” (14 April 1648), Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, i, 1123, 1128; ii, 195

1091 Fraser, Cromwell. Lord Protector, 204-205

1092 “An Act of the Commons Assembled in Parliament, For setling the Militia of the City of Westminster, and Liberties thereof, etc.” 19 March, 1648/1649, Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 20-21.

1093 Militia Committee notables for Westminster included Major-General Philip Skippon, Sir Henry Mildmay, Sir Henry Vane senior, and Humfrey cohorts Walter (Gualter) Frost (investor in the Lynn Ironworks), John Cook (King’s trial judge), and Arthur Squibb. The Committe or any seven of them was empowered to appoint officers, conduct military tribunals, tax residents to a total of £1000, and otherwise exercise the broad discretionary powers of a military command. “An Act of the Commons Assembled in Parliament, For setling the Militia of the City of Westminster, and Liberties thereof, etc.” 19 March, 1648/1649, Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 20-21. Squibb later conjointly held the £3000 penalty bond from the junior John Humfrey to guarantee the £1700 dower benefit to Lady Susan’s children upon Humfrey’s death. See Appendix II.C., Humphreyes v. Humphreyes

218 this family.. Maintenance of Ministers.1094 The commissioners assign stipends to the new heterodoxy. Throughout Humfrey remains close and faithful to Hugh Peter.1095 When the latter is laid low the same month, the Council of State writes to master Hugh. We are sorry of your sickness at Sandwich, and doubting whether you can have there physician acquainted with your condition, have desired Col. Humphreys to visit you, and bring a physician to consult with Dr. Gourdon, and one shall be left fit to take care of your health1096 The Parliamentary Council appropriates £20 to be paid to Colonel John Humphreys to enable him to go to Mr. Peters with a physician.1097

Sale of Royal Property In the summer of 1649 Humfrey is appointed to the committee of contractors for the appraisal, sale, and collection of rents due upon Parliament’s sequestration of the royal

1094 The Committee for Plundered Ministers offered compensation for Puritan clergy outed or persecuted by Royalist-Anglicans. It was superceded by the non-parliamentary salaried Committee for the Maintenance of Ministers (Maintenance Trustees) originating in May 1649, with powers extended in 1650 and 1654. Aylmer, The States Servants, 10, 13, 350 n24

1095 Stearns, The Strenuous Puritan: Hugh Peter, 355

1096 Calendar of State Papers, Domestic-Interregnum, 1649-1650, 132

1097 Calendar of State Papers, Domestic-Interregnum, 1649-1650, 130. Hugh Peter’s designation of the junior Humfrey as Colonel in the autumn of 1649, when considered in conjunction with the elder Humfrey’s same rank, renders father and son indistinguishable in numerous records. Except when the senior Humfrey is designated Esquire (in recognition of his profession as attorney/gentleman), allocation of identity has been made based upon context, career, and association.. See also, Stearns, The Strenuous Puritan: Hugh Peter, 345, 355

219 ...Secretly Polluted estates and honors.1098 Humfrey also assumed, with Edward Winslow1099 and others, the task of appraising the royal moveables: jewelry, library, plate, tapestries, swords, and the like, a duty initially falling to Hugh Peter and thence to Henry Ireton.1100 Notable for his durable association with Humfrey in financial affairs of state is fellow contractor London businessman Nichoas Bond, Royal Household pensioneer and army financial auditor.1101 On the same day in December 1649 that John Humfrey Jr. supervises the transport of gold from Bristol to Oliver Cromwell in Ireland, the Council of State orders the trustees for sale of the late King’s goods to account for the estate at Whitehall and Hampton Court, affording the Council a chance to review contracts made by Humfrey and associates for the disposition of royal holdings.1102 By 1652 John Humphreies, John Sparrow, Edward Cresset, Gent, Sir Richard Saltonstall, et.al., gain specific authorization from Parliament to sell Fee Farm rents transferred from royalist properties confiscated at York.1103

1098 “An Act for sale of the Honors, Manors, Lands heretofore belonging to the late King, Queen and Prince” [16 July 1649], in Firth and Rait, Acts and Ordinances of the Interregnum, 1642-1660, 169. This act, promoted as a substitute for the unpopular excise tax, was intended to secure the huge £600,000 plus military debt (arrears) unpaid since before 1647. Twelve contractors including John Humphreys, Esq were named to negotiate the sale and determine acounts. Those with known links to Humfrey included Nicholas Bond Esq; Edward Cresset Gent; Sir Richard Saltonstal Knight; Daniel Searle Merchant; Richard Sidenham Esq; and John White Esq (if this be the same attorney of the Massachusetts Bay Company ) and Sir William Roberts (who was an alum of Emmanuel College and a pupil of Rev. John Preston). Others named to the select committe were Thomas Ayes Esq; James Stockal Esq; Nicholas Lempriere; Esq; and Robert Fenwick Esq. The contractors reported to a Surveyor-General who was responsible to the Parliamentary trustees, a distinct entity including Sir Henry Vane (Jr) and Edward Winslow. Idem, 176, 168-178; Aylmer, The State’s Servants, 59; n.9, 363; 218, 251-252

1099 Aylmer, The State’s Servants, 218

1100 Stearns, The Strenuous Puritan, Hugh Peter, 338, n.6, citing (1) Theodo rus Verax [Clement Walker], Relations and Observations, Historicall and Politick (London? 1648), 133; and (2) New England Historical & Genealogical Register, xxxix, 264; xl, 26-31; Kelsey, Inventing a Republic, 216, n.64, 231, citing Aylmer, The State’s Servants, 15. Neither Kelsey nor Aylmer mention Humfrey in either guardian or trustee’s role. [see note preceeding]

1101 Aylmer, The State’s Servants, 222

1102 Calendar of State Papers, Domestic-Interregnum, 1649-1650, 437

1103 Family historian Frederick Humphreys considered the fee farm rent document to refer to the senior John Humfrey, a view not necessarily precluded by Humfrey’s death in December 1651. Humphreys, Abstracts of Wills and Memoranda Concerning the English Humphreys, 54-55, citing “Indenture 23d March 1651-1652,” in Close Roll, 1652, Part 15, No.8 (Coke and Goodricke). However, the younger Humfrey’s identity is confirmed in Parliament’s notice of December 1651, wherein all the senior Humfrey’s public work and benefits are transferred to his son John. “Colonel Humfries” House of Commons Journal (19 December 1651), vii, 53-55

220 this family.. Defense of London From July 1649 through the summer of 1651 Cromwell confronts a resurgent Royalist faction in England.1104 In June 1650 the Council of State orders a pre-emptive strike against Scotland. In mid-June of 1651 Col.Humfrey, Col. Sparrow, Mr. Cresset, and others petition the Council of State in a matter concerning the service.1105 Their propositions to enhance London fortifications, militia pay, and/or discipline are approved one week later.1106 In August 1651 a battle-weary, nearly-broken Scottish army defeated by Cromwell at Worcester, is bearing down on London, hoping to enlist London’s proto-loyalist Presbyterian throng.1107 The Council of State orders the Militia Commissioners for London, Westminster, Southwark and the Tower Hamlets to seize all resident mounts (with exception for brewer’s drays and other work-cart horses). A guard of 2000 horse and 8000 infantry is drawn for the immediate safety of Parliament, of London, and Westminster. Colonel Humfrey’s troop contribution is estimated at one hundred-fifty horse.1108

Military Tribunal of 1651 The Scottish threat repelled, In September Humfrey, John Sparrow1109 and others are appointed to a special court-martial court.1110 The military tribunal convenes in the Star chamber to confront an elite group of prisoners detained at St. James. At the head of the treason list are the Scotch Earl of Lauderdale, a cosignee with Charles I in 1647 of the Presbyterian inspired Engagment,1111 and the English Earl of Derby (Lord Strange); staunch

1104 Morrill, Oliver Cromwell and the English Revolution, 81-82

1105 Calendar of State Papers, Domestic, 1651, 260. The service presumably refers to the army.

1106 Calendar of State Papers, Domestic, 1651, 267

1107 Morrill, Oliver Cromwell and the English Revolution, 159-161

1108 Calendar of State Papers, Domestic, 1651, 324-325

1109 In 1650 J. Sparrowe witnessed the sale of the King’s manor and estate at Cornwall by deed of William Steele, Recorder of the city of London, et.al. Copy, Bargain and sale Deed 121, Hollis no. APW5673, Harvard Library

1110 Calendar of State Papers, Domestic, 1651, 479

1111 The Engagement was the 1647 agreement between the Scots and royalists to restore Charles to the throne in return for Presbyterian religious hegemony guaranteed for three years. Kenyon and Ohlenmeyer, The Civil Wars, 63. While James Stanley, the 7th Earl of Derby, was executed; John Maitland, the Earl of Lauderdale was found guilty and imprisoned. Many of the rank-and file Scottish prisoners were sent as slaves to Ireland and New England, while a thousand were put to work on draining the Fens. Fraser, The

221 ...Secretly Polluted patriots and principle investors in the royal family’s claim to the throne.1112

Death and Contested Will Dying at Westminster on 16 December 1651, Humfry is sick in body but of perfect mind and memory. In an oral will Humfrey leaves his estate to sonne John Humfery to be by him disposed for the education and maintenance of his younger children.1113 The administration of his estate is contested by his wife and relict Mary Humfrey.1114 On 20 April 1652, Roger Williams, then visiting with Sir Henry Vane in Whitehall, confirms his death in a letter to Winthrop Jr. at Pequt in New England.1115 Williams writes, Our old friend Col. Humphries is gone.1116

Lord Protector, 392-392

1112 Calendar of State Papers, Domestic, 1651, 479

1113 “Humfrey Will,” PRO Prob11/230/297; “Humfrey Accounts,” PRO C5/387/126. Redaction in Appendix III. Will & Accounts. See also Humphreys Genealogy, Supplement 17-18; Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 307.

1114 “Humphreyes v. Humphreyes: Middlesex,” PRO C5/387/104. John Humfryes and Mary his wife with others were named co-defendants in a 1648 suit pressed by John Ayshford. “John Ayshford v John Humfryes and Mary his wife, John Row, Gilbert Eveleigh and Edward Boomer:personal estate of Robert Palmer, deceased, of Kingston, Devon 1648," PCC Administration Act Book 1648, folio 92, (Public Record Office PRO C/10/28/3. The will of John Ayshford, Gentleman of Burlescombe, Devon was probated on 10 August 1654. National Archives UK, Prerogative Court Canterbury, PROB 11/233

1115 John Winthrop’s Connecticut plantation was variously called Nameugg, London, and New London; the latter finally authorized in 1658. Covey, The Gentle Radical, 220

1116 Humphreys, The Humphreys Family in America, 88, citing Mass.Hist.Coll., 3d series, x, 1

222 this family.. Chapter 16. Kernal Renewed Col. John Humfrey Jr.

.. ohn Humfrey Jr. (1622-1661) is the first born in England to ElizabethPelham (I) and John Humfrey.1117 John Jr. accompanies or later emigrates joining father, sisters J Ann and perhaps sister Elizabeth, stepmother Lady Susan, half-brother Nathaniel, and two half-sisters Dorcas and Sarah.1118 In 1638-1639 John accompanies his father on a voyage to England, both returning to New England.1119 The Bay government, from its onset opposed to a standing professional army, establishes regular covenanted training militias in each of the larger towns, called out on necessary occasion for colonial offense or defense.1120 At age 16 every colonial male, unless a college student, must possess either musket or a pike for participation in the monthly drills and annual muster.1121 Trainbands are composed from both freemen and non-freemen males who then select their respective officers.1122 From his earliest years John Humfrey Jr. is groomed for a military career. One year after his father’s own induction 19 year-old John Humfrey Jr. is inducted in 1641 into the Bay’s prestigious officers corps, The Military Company of Massachusetts.1123 This early preparation prefigures the junior Humfrey’s extended service in Cromwell’s New Model Army.

1117 “Humfrey,” The Visitation of Dorset, 1623, 57 [Harl.1166, fo. 9b]. See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 293; Avery, John Humfrey. Massachusetts Magistrate, 9-10

1118 Savage, Genealogical Dictionary of New England, v, 406. Savage makes no mention of Elizabeth, and possibly she and John Jr. arrived after their father had already settled in 1634.

1119 Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 300, n.20, citing Essex Institute Historical Collections,v.38, 38

1120 The local militias also served as a legitimate opportunity for recreation and sport, as early as 1639 sponsoring formal athletic competitions and exercises on training days. Fischer, Albion’s Seed, 147, n.4, citing Maryn Struna, “Puritans and Sport,” Journal Sports History 2 (1977), 6

1121 Morison, Builders of the Bay Colony, 147

1122 TH Breen, “The Covenanted Militia of Massachusetts Bay” in Puritans and Adventurers, 34

1123 The Military Company of Massachusetts chartered in March 1639 was much later designated the Ancient & Honorable Artillery Company. Roberts, History of the Military Company of the Massachusetts, i (1637-1738), 116

223 ...Secretly Polluted John Humfrey Jr. in England1124 John Jr. returns permanently to England either in October 1641 with his father and mother, or shortly thereafter. Perhaps he serves with his father during the abortive sea and land adventure against the Irish Rebellion in the summer of 1642.1125 The earliest reference to his military presence in England appears in 1644. At that time Parliament’s conduct of the War suffers from inadequate supplies, insubordination, and rebellious local forces gathered under a splintered command. The troika authority is loosely vested in Parliament’s Committee for Both Kingdoms,1126 the Lord General Earl of Essex, and General Sir William Waller.1127 In June 1644, Essex decides to march on Cornwall and the English Southwest. A splintered Committee seeks reinforcements for his dubious plan from a foot-dragging Waller in Oxfordshire.1128 To expedite troop movement, Major Humphreys is appointed in August by the Committee to spur a long-delayed Kentish regiment to Waller’s relief:. We have made choice of Major Humfreys to be major of that regiment. His job is to make sure the tardy troops march to Farnham,1129 thence to Abingdon just south of Oxford. By this reinforcement, General Waller will be released to remove from thence speedily and to be employed in the west for the

1124 From 1642 until autumn 1649 (at which time he gained rank as Colonel) period references to John Humfrey as Major (Sergeant-Major, a rank then just above captain) or Captain are considered by context or regimental membership as applicable to the junior John Humfrey.An officer might hold more than one commission of different rank at the same time to gain more pay.

1125 John Humfrey Jr.’s name has not been found in any document pertaining to this Sea Adventure.

1126 The Committee for Both Kingdoms was Parliament’s war cabinet responsible for the combined Parliamentary forces of England and Scottish Covenanters against the King. Due to local issues, non- compensation of troops, and strategic dyscontrol, the Committe was broadly considered a disruptive intermeddler in field affairs. In 1644 Sir Henry Vane Snr., Sir Arthur Haselrig, and others sat on that council. Calendar of State Papers, Domestic-Charles I, January-September 1644, 450.

1127 Calendar of State Papers, Domestic-Charles I, January-September 1644, 450. Robert Devereux (Earl of Essex and the Lord General of Parliament’s army) was pressed by Parliament to win or retire. General Sir William Waller justified his reluctance to aid Essex, writing in July that given the splintered command it is impossible to do anything of importance. At about this time Oliver Cromwell proceeded to implement a radical change through the instrument of the New Model professional army. Edwards, The Last Days of Charles I, 22-23; Kenyon and Ohlmeyer, The Civil Wars in England, 123-124

1128 Lingard, History of England, x, 149

1129 Farnham is at the western border of the county of Surrey, abount 30 miles from central London. Parliamentary forces occupied Farnham Castle and had a large encampment in the surrounding park, previously a favoirte hunting ground of King Charles.

224 this family.. assistance of the Lord General.1130 Despite these efforts Essex remains outmaneuved, and his forces fall to the King.1131 One year later the Kentish regiment is in a mutinous distempter which the county authority is endeavouring to suppress. They have raised their forces for that purpose, apprehending that in their discontent the soldiers may endeavour to go over to the enemy.1132 Beset by desertion and sickness at Abingdon in February 1645, Parliament’s Major- General Richard Browne1133 implores the Committee for Both Kingdoms, to consider the advantage of a quartering some more force near this garrison, as well for the annoyance of the enemy as our relief For reinforcement he recommends that you would give order for sending hither Capt. Humfries’ company of foot, belonging to Col. Ayloffe’s regiment, as many others have run away daily.1134 On 19 April 1645 the Committee for Both Kingdoms, with Sir Henry Vane Snr. in attendance, inquires if Gen Fairfax is willing to send Capt. Humphreys to Phillis Court1135 with his company.1136 Humfrey is then notified that We have appointed your Company to form part of the garrison to be put into

1130 Calendar of State Papers, Domestic-Charles I, January-September 1644, 450

1131 Lingard, History of England, x, 149-150

1132 Calendar of State Papers, Domestic-Charles I, Oct. 1644-June 1645, 426. Sir Arthur Haselrig’s troops in neighboring Surrey were admonished for oppressions and theft of provisions. Idem, 427

1133 Major-General Richard Browne was High Sheriff and Parliamentary rep from London. In 1648 he was removed and jailed for several years without trial, victim of Pride’s Purge wherein Cromwell’s New Model Army forced the appointment of a truncated body termed the Rump Parliament. Brown was accused of treason for planning to bring the Scottish army to England and clandestine attempts to undermine Parliamentary process. Edwards, The Last Days of Charles I, 85, 93

1134 Col. Thomas Ayloff’s regiment was reduced and folded into Lt.-Colonel Thomas Sadler’s as of 2 February 1645. But further desertion was much feared. Calendar of State Papers, Domestic-Charles I, Oct 1644-June 1645, 281-282; Firth, Regimental History of Cromwell’s Army, ii, 405, 582

1135 Phillis (Phyllis) Court was a Parliamentary Roundhead (hair close-cropped) bastion targeted by the nearby Royalist Cavalier stronghold at Henley-on-Thames about 35 miles from London in Southeast Oxfordshire. To discourage local citizen anti-war anti-tax protest, one railing woman’s tongue was nailed to a signpost. For transporting the King’s proclamation another was sentenced (later commuted) to have her back broken. [Web Search, Henley Standard, Phyllis Court]

1136 Calendar of State Papers, Domestic-Charles I, Oct 1644-June 1645, 416

225 ...Secretly Polluted Phillis Court near Henley [-on-Tames], whither you are to march forthwith, and receive orders from the Governor of that garrison.1137 Nothing more is recorded regarding his service until January 1648. Then, in the disbanding Declaration of Colonell Humphrey’s Regiment ten regimental officers including Capt. Jonathan Humfrey reject any Leveller association1138 by an impassioned denial of plotting and fomenting discontents, and obstructing the Disbanding of supernumeraries.1139 Besides the Colonel and his son, other signatories include Liev.-Col John Blackmore1140 and Capt. Edward Tyson.1141 The younger John Humfrey probably accompanies the Humfrey’s regiment of foot deployed in late March 1648 to France.1142 In January 1649 he may well have been present at the Westminster treason trial of Charles I where his father in procession bears the ceremonial Sword of State.1143

Humfrey Jr. Honors and service in Ireland In March 1649 Parliaments appoints Cromwell commander-in-chief in Ireland,

1137 Calendar of State Papers, Domestic-Charles I, Oct 1644-June 1645, 425-426. The term supernumeraries referred to officers and/or soldiers added to a force over its usual complement.

1138 Parliament ducked paying wages by disbanding the army. The Levellers resisted the fraud and gained the support of many officers in this effort. Parliament then branded the resistance as traitorous “mutiny.” Kenyon and Ohlmeyer, The Civil Wars in England, 147-148

1139 Humfrey, “A Declaration of the Commanders and other Officers of Colonell Humfrey’s Regiment” (30 January 1647/1648), Thomason Tracts, vol. 425, no.14, A2-A-5 1-3 [Disbanding Declaration, Appendix II.A]

1140 In June 1648 Lieut.-Colonel John Blackmore joined Cromwell’s regiment of horse in Wales as a major, called by Cromwell a godly man and a good soldier, and honored (with Humfrey) at the Oxford Fairfaxian Creation. In 1652 Blackmore engaged his regiment successfully in the Scottish Highlands under the command of Major General Robert Overton. In 1658 he was Sir John Blackmore, Knight, sheriff of Devonshire where he gained repute for shuttering beer-joints and arresting rowdies. Firth and Davies, Regimental History of Cromwell’s Army, i, 203, 206-209; ii, 550, 606; W ood , Athenae Fasti Oxonienses, 137

1141 During the ensuing decade, Capt. Edward Tyson is frequently found in military company with the younger Humfrey. Firth and Davies, Regimental History of Cromwell’s Army, ii, 724

1142 Calendar of State Papers, Domestic-Charles I, 1648-1649, 424-25, 52

1143 Calendar of State Papers, Domestic-Charles I. 1653-1654, 451; Edwards, The Last Days of Charles I, 118, 121, 125; Sword of State, Appendix III.B. Humfrey Estate Accounts

226 this family.. ordering him to service there in June.1144 Prior to his departure, Cromwell marks April and May 1649 with the final suppression of the “mutinous” egalitarian Leveller faction in the New Model Army.1145 Oxford University celebrates with the Fairfaxian Creation,1146 honorary degrees dispensed to New Model Army officers and associates favored by Lord Thomas Fairfax and General Oliver Cromwell.1147 The ceremony is organized by Oxford proctor Heironomous Sankey, later governor of Clonmel.1148 High on the recipient list for Masters of Arts are colonels Sir Hardress Waller,1149 Thomas Harrison, William Goffe,1150 John Okey, and

1144 Cromwell finally appeared in August at the head of 12,000 men. Morrill, Oliver Cromwell and the English Revolution, 110-112

1145 The Levellers faction in the New Model Army consisted in rank and file agitating for democratization of the army. Besides back pay and the election of officers, the levellers militantly sought to redress issues of forced service, contractual fraud, starvation and privation. Their draft constitution, The Agreement of the People, called for the abolition of the monarchy and the House of Lords, broadened citizen suffrage, sectarian tolerance, and an end to impressed conscription. Their mission was passionately advocated by officer and pamphleteer John Lilburne. Kenyon and Ohlmeyer, The Civil Wars in England, 150

1146 The Fairfaxian Creation took place at Oxford from May 19-21,1649. Twelve M.A. master of arts were awarded, including one to All recipients but one were military officers attending the two Generals. Two more officers were named on 21 May 1649 along with John Rushworth, secretary to Fairfax. Wood, Athenae Fasti Oxonienses, 128-137

1147 Lord General Thomas Fairfax and Lt. General Cromwell were awarded honorary D.C.L. (Doctors of Civil Law) degrees at Oxford on 19 May 1649. Fairfax was a defender of traditional social order, and an influential supporter of the Bodleian library at Oxford. The celebratory honorarium to the army by the Oxford city fathers was organized by Oxford proctor Heironomous Sankey, later Colonel Jerome Sankey. Wood, Athenae Fasti Oxonienses, 128-138; Foster, Alumni Oxonienses, ii, 766; The Colonial Society of Massachusetts, xiv, 116, 117; Avery, John Humfrey. Massachusetts Magistrate, 9, n.3

1148 Oliver Cromwell praised Col. Sankey (Zanchy) and his regiment of horse in the Irish Campaign of 1649-1650. Carlyle, Cromwell’s Letters & Speeches, ii, 103, 141. At Cromwell’s departure from Ireland, Sankey took command at Clonmel for all of Tipperary. Burke, History of Clonmel, 80. A 1655 survey shows many houses destroyed sithence ye takinge of Clonmell. A stone and slate house formerly a hospital for old impotent decayed inhabitants, was leased to Col. Sankey. William Palmer had 4 acres and house in West Gate lane. Ibid., 242, 246. Henry Cromwell, Lord Deputy of Ireland, in 1658 assured his father that he would treat the politically suspect Col. Sankey with due respect. Abbott, The Writings and Speeches of Oliver Cromwell, iv, 700, citing Thurloe, vi, 743

1149 Hardress Waller, Knight of Kent (1629) settled in Ireland in 1630, losing his estate at Limerick in 1641. In 1644 he was colonel under Royalist Lord Inchiquin (Murrough O’Brien, 1614-1674) at Munster, thence appointed governor of Cork. Shifting to Parliament’s cause, he served under cousin General William Waller and pursued with Fairfax and Cromwell the subjugation of the pro-royalist West England, already planning to reinvest Ireland with Puritan immigrants. In 1648 Sir Hardress wiith Henry Ireton concocted Pride’s Purgeof Parliaments; at the King’s trial Waller led the security cadre, setting also the time and place of the King’s decapitation. By 1650 he was major-general of foot in Ireland, but intrigues at

227 ...Secretly Polluted Owen Roe,1151 closely linked to both Humfreys in the New Model Army and the King’s trial and execution. Major John Blackmore, formerly Liev.-Col in Col. Humfrey’s regiment, gets his M.A. on the 19th of May.1152 The Creations in May 1649 encompassed certain other officers read, to be created masters of arts when they were pleased to come to Oxon to be entertained. Although his name may have been read on that occasion, it is almost a year later, on 14th of

Parliament frustrated his ambitions, ultimately leading to his revolt in 1659 and temporay seizure of authority in Ireland. Convicted as a regicide at the Restoration, Waller’s sentence of death was nevertheless suspended and he died emprisoned in exile on the Jersey Isle of Wight in 1666. Firth and Davies, Regimental History of Cromwell’s Army, ii, 442-448 Wood, Athenae Fasti Oxonienses, 130; Edwards The Last Days of King Charles, 83, 114, 120; Kelsey, Inventing a Republic, 70

1150 Regicide Colonel William Goffe (Gough) ( -1679) was brother to the first Massachusetts Bay Company (at London) Deputy Governor Thomas Goffe. In 1643 a member of Tthe New Model Army, Goffe commended himself to Cromwell by more than military expertise. Upon the invasion of Ireland in July 1649, he expounded Scripture excellently well and pertinent to the occasion. Firth, Cromwell’s Army, 335. Apppinted by the Protector in 1655 to regional rule, Major- Generals Goffe and Edward Whalley ejected scandalous ministers, adjudicated politically incendiary disputes, and dispensed patronage to fellow New Englanders. Alymer, The States Servants, 137, 297, 312; Morrill, Oliver Cromwell, 221-222. At the Restoration, Goffe left his wife and three daughters in England and fled ( with Whalley and Daniel Gookin) to Newtowne. Pursued by royalist agents he removed to New Haven, then Hadley where local tradition has Goffe in 1675 leading the defense against attacking Indians. Savage, Genealogical Dictionary of New England, ii, 268; Black, The Younger John Winthrop, 201-204, Concise Dictionary National Biography, 506, 510

1151 Adventurer Owen Roe (Rowe, Row) was a silk merchant/haberdasher early engaged (March 1628) in the organization of the Massachusetts Bay Company and granted 200 acres at Mt. Wollaston contingent upon his emigration. Pope, Pioneers of Massachusetts, 393. By 1642 he was captain in the London militia (green trained-band), later sergeant-major, and chief of armaments of the New Model Army. In 1647 he ventured with the senior Humfrey in the Bahamas Eleutheria Project, the same year served on Parliament’s Militia committee for London. At Charles’ trial in 1649 Roe was responsible for securing facilities and ceremonial solemnity; signing the King’s death warrant. An early investor in Bermuda, he was appointed deputy-governor in 1655, opposed Gen. Monck in 1659, and died penniless in the Tower of London after conviction (despite his plea of coercion) as a regicide. Wood, Athenae Fasti Oxonienses, 136. Concise Dictionary of National Biography, 134, Brenner, Merchants and Revolution, 525-526; Edwards The Last Days of King Charles, 110, 194; Wedgewood, A Coffin for King Charles, 113

1152 Wood, Athenae Fasti Oxonienses, 137. John Blackmore was commissioned Major in Cromwell’s regiment in 6 June 1648. Wood has him MP from Tiverton in 1654, but Firth denies this. Firth and Davies, Regimental History of Cromwell’s Army, i, 202, n.4 citing Clarke MSS (unpub. manuscript., Worcester College, Oxford); 206, n.5 citing Mercurious Politicus, 25 Nov-2Dec.[1659]; n.6 citing ‘letter from Lenthall” Tanner MS, Vol.5, f. 103n.6. [See Nlsvkmore, note supra]

228 this family.. March 1650, that John Humfrey Jr receives his Masters of Arts by dispensation.1153 He is sparingly identified as Humphrey, (----), gent., of kin to the earl of Lincoln, and son of a colonel, &c.1154 In August 1649 Humfrey Jr. commands a troop in Col. John Okey’s dragoons in Ireland.1155 Second in command is Humfrey’s loyal companion and brother-in-law, lieutenant Edward Tyson.1156 During the same summer Hugh Peter at Milford Haven is commissioned as Colonel. His primary duty is to gather up fresh recruits and supply guns and munitions to Cromwell in Ireland. Posted to Dublin in September, war correspondant Peter tersely reports Cromwell’s success at Drogheda, Tredagh is taken. Three thousand five hundred fifty and two of the enemies slaine, and sixty foure of ours.1157

1153 Wood, Fasti Oxonienses, 137 Foster, Alumni Oxonienses, ii, 766. Fairfax, Cromwell and the other chief officers arrived at Oxford on 17 May 1649. Yet historians Wood and (later) Foster render Humfrey (Jr.) award on March 14. Wood subsumes Humfrey’s degree within his 19 May 1649 section, then adds “At the conclusion of the aforesaid creation, May 19, were the names of certain other officers read, to be created masters of arts when they were pleased to come to Oxon to be entertained.” Subsequent honorary degrees (Batchelors of Arts and Divinity) were tendered ten months later on 14 March 1650. Wood, 130, 137, 147. In contrast to Wood, historian Joseph Foster has Humfrey Jr.’s M.A. dispensation on 14 March 1649-50. Foster, Alumni Oxonienses, ii, 766.

1154 Wood, Fasti Oxonienses, 137. John Humfrey Jr.’s identity is confirmed by kin to the earl of Lincoln, the appellation gentleman and identification as son of a colonel. Also omitting any Humphrey forename, historian Joseph Foster transcribes Humfrey Jr.’s mother as Sarah and his father Humphreys of the county of Kent, esq. Foster, Alumni Oxonienses, ii, 766. For brief discussion of these errors in maternal attribution and paternal origin, see Avery, “John Humfrey, the Massachusetts Magistrate,” in The Colonial Society of Masschusetts, xiv, 116-117, n.5 citing Foster; and Avery, John Humfrey, Massachusetts Magistrate,” 9, n.3

1155 London’s Colonel John Okey (d. 1662) rose rapidly from captain of foot and horse to major in Sir Arthur Haselrig’s regiment. He was colonel of dragoons at Naseby and Bath in 1645. In January 1649 he served on the select fifteen-member commission named to examine witnesses at the King’s treason trial and signed the King’s death warrant. In May Okey led his dragoons in the terminal suppression of the Levellers at Burford just prior to his annointment at the Fairfaxian Creation. Although with Cromwell in Scotland in 1650, he was charged by Cromwell with treason in 1654, one of a growing number of officers cashiered for opposing the Protectorate. Although suspect as a Fifth Monarchist, he later sat in Henry Cromwell’s Parliament, and resisted Gen. Lambert before joining him at Daventry against Monck in 1660. After flight to Germany, and seizure by the King’s agents in Holland (through Sir George Downing, ambassador), he was beheaded and quartered in London on 19 April 1662. Firth and Davies, Regimental History of Cromwell’s Army, i, 291-301; ii, 609; Concise Dictionary of National Biography, 971

1156 Firth and Davies, Regimental History of Cromwell’s Army, ii, 724; “Humphreys v. Humphreys: Middlesex” [1652], Public Record Office; C5/387/104. See Appendix D

1157 Stearns, The Strenuous Puritan, Hugh Peter, 354

229 ...Secretly Polluted In an October 3rd missive describing the onset of the seige at Wexford and General Robert Venables success in the north,1158 Peter announces his own Commission for a foot Regiment and that Col. Humphries the younger will be my Factour.1159 Cromwell’s shock-and-awe Irish campaign, abetted by rampant plague,1160 exacts an extraordinary human toll.1161 Onerous new taxes are imposed. By 6 December 1649 army agents have collected their money in the several counties, depositing it with Col.

1158 Besides describing the sacks of Drogheda and Wexford, Hugh Peter recorded Gen. Robert Venables’ exploits and his request for £1500 for his troops and some bread. Stearns, “Letters and Documents By or Relating to Hugh Peter,” Esssex Institute Historical Collections (1928), lxxii, 223; Stearns, The Strenuous Puritan, Hugh Peter, 354-356, n.33. In September Venables quashed resistance at Lisburn (Ireland), where Joseph Humfrey later took residence. With Sir Charles Coote in December he took Carrickfergus. Venables’ military prowess set the stage for his notable appointment and subsequent ignominy as co- commander-in-chief for the1655 West Indies expedition. Cromwell’s Western Design. Parker, “”Colonel Robert Venables,” xii, ix-lv, biographical introduction to Venables, The Experienced Angler (1662, 1969)

1159 Stearns, “Letters and Documents By or Relating to Hugh Peter,” Esssex Institute Historical Collections (1928), lxxii, 223-224, n.43. Stearns, The Strenuous Puritan: Hugh Peter, 355, n.33, citing same [absent date and relevant footnote]. It was not factour (attache) John Humfrey at Clonmel (as Stearns intimates), but

1160 In terms of casualties, bubonic plague may have claimed more victims than the military massacre; perhaps as many as 1,300 per week in Dublin alone during the summers of 1649 and 1650, 20,000 total in Galway, and one-third of the population of Kilkenny in 1650. Kenyon and Ohlenmeyer, The Civil Wars. 1638-1660, 276, 277-278

1161 The authorized decimation at Drogheda and the uncontrolled blood-bath at Wexford were commonplace during the contemporaneous Thirty Years War (1618-1648) on the European continent. Morrill, Oliver Cromwell, 112, 157-158. Cromwell understood “as no other commander of the age save Gustavus” the value of ’shock-action’ to paralyze resistance through death, terror, and battle fatigue. Cromwell, Encyclopedia Britannica, 11th ed., vii, 487-498. Cromwell reported the massacre: In the heat of action, I forbade them to spare any that were in arms in the Town; and I think, that night they put to the sword about 2000 men. During the next days struggle, officers were knocked on the head, and every tenth man of the soldiers killed, and the rest shipped for the Barbadoes...I am persuaded that this is a rigteous judgement of God upon these barbarous wretches, who have imbrued their hands in so much innocent blood; and that it will tend to prevent the effusion of blood for the future. Which are the satisfactory grounds to such actions, which otherwise cannot but work remorse and regret. “Cromwell to William Lenthall,” (Dublin, 17 September 1649), in Carlyle, Cromwell’s Letters and Speeches, ii, 60.

230 this family.. Humphreys then residing at the Posthouse in Bristol.1162 Humfrey Jr. exchanges the 300£ silver for the same in newly minted gold, then supervises the transport of the new coined gold to Cromwell, now Lord Lieutenant of Ireland.1163 With inter headquarters established at Youghall, by February 1650 Cromwell secures Ardfinnan (a pivotal communications node), and divides his army to attack Kilkenny and beseige the Royalist stronghold at Clonmel, an ancient merchant fortress on the banks of the Suir.1164 The April capture of Kilkenny permits a prolonged seige at Clonmel, but in May Cromwell hastens the struggle in preparation for return to England to counter a resurgent Scottish army. He is repulsed by stalwarts under the command of Hugh Duff O’Neill at Breach Gate, with an enormous loss of 2500 his foot and officers.1165 The Mayor of Clonmel negotiates a life-saving surrender at the very time that O’Neill’s remnant

1162 Calendar of State Papers, Domestic-Interregnum, 1649-1650, 429. . Given Humfrey Jr.’s special relationship to hyper quarter-master Peter, and his confirmed rank as Colonel, it was likely John rather than his father (then in Westminster) who in December 1649 was charged with the safe transport of the newly minted gold to Cromwell in Ireland. A Posthouse or inn kept horses ready for transport. Bristol was an ancient tradeport 120 miles west of London, besieged and changing hands at least three times during the English Civil War, An estimated 85% of Bristols merchants maintained an oscillating neutrality during the war. Edwards, The Last Days of Charles I, 26. One John Humphreys (Humphrey, Humphrys) captained the Friendship active off the coast of Sussex in 1652. The next year, upon his contested appointment to the frigate Nightingale,Capt. Humphreys was reported to be a coward. He nevertheless continued to command Parliament’s trust represented in his September convoy of 30,000£ in gold coin transported from Chester to Dublin. Calendar of State Papers, Domestic, 1651-1652, 543; (Colonial), 1652-1653, 193; 1653, 124. In 1656 as master of the Primrose of Ipswich he hauled into Dunkirk three great prizes with sea-coals from Newcastle. “John Arden to Robert Bostocke” (Dunkirk, 31 July 1656), Humphrey, Humphreys Family in America, 89. This appears to be John Humphrey mariner of St. Mary Magdelene parish in Southwark, Surrey. Coldham, English Adventurers and Emigrants 1609-1660, 151

1163 Calendar of State Papers, Domestic-Interregnum, 1649-1650, 437

1164 In the upheaval of 1641-1642, Tipperary and surrounds became a virtually autonomous confederate Irish republic, trading with foreign nations, and with its own Parliament in Kilkenny. From that time all Clonmel churches were denominated Catholic. Clonmel trade was mainly in tallow, salt beef and pork overland to Youghall, or by boat to Waterford; thence on to France and Spain; returning with money and munitions, wine, salt, and silk. Burke, History of Clonmel, 62, 43

1165 Cromwell’s losses at Clonmel’s North Breach Gate include Capt. Edward Humphreys of the foot and many of Ireton’s regiment. Burke, History of Clonmel, 68-79, 77; Firth and Davies, Regimental History of Cromwell’s Army, i, 351-352. Stearns, TheStrenuous Puritan, 359. Edward Humphreys’ trusted company was sought in January 1649 by Col. Robert Hammond to secure King Charles at Carisbrooke Castle on the Isle of Wight. Firth, ibid., 354-355 n1; Bell, “Hammond to General Lord Fairfax, Memorials of the Civil War, 8-9; Clarendon, History of the Great Rebellion,352-3353

231 ...Secretly Polluted troops escape under cover of dark.1166

Contested Estate After the mid-December 1651 death of his father, the dutiefull and engenious sonne John Humfrey is identified as trustee-administrator of an estate to be disposed for the education and maintenance of his younger children:1167 To gain control of the estate John must defend his claim, for the will is not written but alleged to be oral. Administration is contested by his stepmother Mary, who claims payments due for her late husband’s January 1649 service to the Court at the King’s trial. The Council of State responds in a series of orders extending from 12 April 1652 to 20 December 1652. In April it commands on the petition of Mary, widow of Col. Jno. Humfrey, and on hearing what has been offered on behalf of Col. Jno. Humfrey, his son, that as to the money desired to be paid her, as arrears due to her late husband for service to the late High Court of Justice, Mr. Manley1168 [to] keep it in his hands until their right to administration be made to appear.1169 On 4 August 1652, the Council requests an inquiry into the detaining of the arrears of Col. John Humfrey (due him for service at the High Court of Justice), in the hands of Mr. Manley. One week later it rescinds the April restraint on dispensing the moneys due to Col. John Humfrey, deceased, in arrear for his attending the High Court of Justice1170 But on 20 December 1652, a newly composed Council of State requests a total review of The orders of the former Council on any of Col. Humphrey’s petitions, and

1166 Despite frustration at O’Neills concealed escape, Cromwell warranted the agreement that (1) town and garrison, arms and munition be surrendered by eight of the clock this morning; and (2) inhabitants be protected in lives and estates from soldier plunder and violence and enjoy the same rights and liberties as other subjects under the authoritie of Parlaiment. In marked contrast to the massacre at Drogheda, denial of post-victory depradation signaled a return to the articulated New Model policy of soldierly restraint. Burke, History of Clonmel, 78-79; Fraser, Oliver Cromwell, 353-357

1167 Appendix III. Will & Accounts. See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 307, n.39, citing P.C.C. 297 Brent.

1168 Sir Roger Manley was present at the trial and execution of the King, and later chronicled events of the Civil War. Edwards, The Last Days of Charles I, 157-158

1169 Calendar of State Papers, Domestic-Commonwealth. 1651-1652. 214

1170 Calendar of State Papers, Domestic-Commonwealth. 1651-1652, 356, 364

232 this family.. the letters of administration granted him to be looked up, and brought to Council1171 In general, funds for the payment of arrears and current conduct of war are ever in short supply. One source is the sale, tranfer, or rent of sequestered tax delinquent or captured estates.1172 That same December Capt. Baskett1173 petitions Parliament for his own arrears, requesting inquiry into such delinquents’ estates fraudulently concealed or compounded for at an under value. Serving on the review panel are Col. John Humfrey (the younger), Capt. Edward Tyson,1174 Col. James Carr of Plymouth, Col. John Burch,1175 and the Commissioners for disbanding in county Hereford. They concur that considerable arrears are due Baskett.1176 But the issues here is specific and pointed. Namely, who (widow or “named” son) gets unpaid moneys due the senior Humfrey for his service at the King’s trial? The contested Humfrey estate is heard in court. The decision in April 1653, affirmed on 4 June 1653, grants administration of the goods, chattles, and debts to John Humfrey Jr., the naturall and lawful sonne of ye said deceased.1177 On 9 August 1653, the Sixth Council of

1171 Calendar of State Papers, Domestic-Commonwealth. 1652-1653, 41

1172 On 19 June 500£out of 50,000£ appointed by Parliament from the sale of delinquents’ estates went to the supply of the garrison of Portsmouth after sums already charged for its repair. Calendar of State Papers, Domestic, 1651, 260

1173 I have found no further notice of Capt. John Baskett. Perhaps he was related to Capt. Anthony Basket who signed the Humfrey Regiment Disbanding Declaration.

1174 Capt. Edward Tyson was a co-signer of the Humfrey Regiment Disbandment declaration, serving thereafter with John Humfrey Jr. in Col. Okey’s regiment, and later with Humfrey Jr. in Scotland and Jamaica. Firth and Davies, Regimental History of Cromwell’s Army, I, 724-725; Taylor, The Western Design, 196-197 [See notes below]

1175 No further info on Col. James Carr has been located. Col. John Birch (Burch) was a Parliamentary enthusiast from Lancashire, several times MP for Liverpool. He served in the military from 1642, and in 1660 by Monck’s appointment disbanded a regiment from which Samuel Pepys derived a 25£ no-show sinecure. In 1661 Birch sat on the Parliamentary committee for disbanding established at the Restoration. Firth and Davies, Regimental History of Cromwell’s Army, i, 195; ii, 529

1176 Calendar of State Papers, Domestic-Commonwealth 5, 1652-1653, 626

1177 Probate 6/27/41 [original document page 45], P.C.C. 297 Brent. [Appendix III.A.1-2. Will and Administration] See also Rose-Troup, “John Humfry” The Essex Institute Historical Collections 1929, v. 65, 307; Henry E Woods, remarks on “John Humfrey, the Massachusetts Magistrate,” Collections Mass Historical Society, 14 (1911-1913):120-121, citing 4 Mass Historical Collections, vi, 286; 2 Proceedings, xiii,40; Humphreys, The Humphrey Family in America, Supplement, 17-18.

233 ...Secretly Polluted State1178 issues a warrant for payment to John Humphreys in the amount of 190£ for Arrears of his late father’s salary, as sword-bearrer to the High Court of Justice.1179 The payment is advanced by Gualter Frost, general secretary to the Council,1180 one of two leading stockholders in the ironworks at Lynn, Massachusetts.1181 Six months later, 19 January 1654, the very same day that Scotland is ordered united with England, the Council also orders reimbursement to the junior Humfrey for the 2 great swords of the late King, bought by Col. Humphreys1182

Great Fens Drainage Project In 1653 sabotage, riot, and resistance attend the draining of an estimated 30,000 acres of the Fens, about one-third of the total 95,000 acres provided in the Act for Draining the Great Level of the Fens.1183 On the same day (28 June 1653) that Ellinor Alcock gains

1178 The 6th Council of State was marked by 10 new members and 21 returnees. Oliver Cromwell was one of 4 first-time newbies, and was one of 3 members with the highest attendance. A significant number were no-shows. Calendar of State Papers, Domestic, 1651, Table xli

1179 Calendar of State Papers, Domestic-Interregnum, 1653-1654, 451

1180 London’s Gualter (Walter) Frost was an early Parliamentary partisan, perhaps facilitating Cromwell’s first election to that body in 1640. Morril, Oliver Cromwell, 45. He served as manciple (provisioner) for Emmanuel College, and later sword bearer to the Lord Mayor of London. By 1643 he was Parliamentary Commissary to Ireland, the next year secretary to the Parliamentary Committee for Both Kingdoms. In 1645 he was appointed chronologer of London, and from 1649 until his death in 1652 general secretary to the Council of State. Hartley, Ironworks on the Saugus, 72-73, n.38 citing CSPD Charles I, 1641-1643, 475 (et. passim); HMC Report on Manuscripts of Leybourne-Popham of Littlecote, Wilts, 37

1181At his death in 1652 Gualter Frost’s estate was valued between 6000£-12000£ with ventures in New England, the East India Company, the Gunpowder Mills, including a contested 300£ residue from the failed Eleutheria Project at Eleuthera (meaning “freedom”) Island in the Bahamas. For the Ironworks Frost had ponied up £1500, and John Becx (the other major stockholder in the venture) about £2000. After Frost’s death, despite his son’s testimony every penny of it lost, the ironworks share interest was sold for £700. Hartley, Ironworks on the Saugus, 62, 72-73

1182 Calendar of State Papers, Domestic-Interregnum. 1653-1654, 364

1183 The 1649-1653 reactivated plan for the draining of the Fens entailed the reduction of quasi-public flood-prone wetlands, meadows, and woodland to private enclosed domestic cropland in the East Anglia Wash surrounds. This 95,000 acre drainage project centered in the Isle of Ely, northeast of Cambridge. The project was nurtured by major landholders seeking higher rents from cultivable soil, merchants anticipating increased trade with London, and the military a speedy and reliable route to the North.. In 1631 Charles I had joined with Sir William Killigrew and other nobles to drain the Witham Fens in Linconshire. In 1634 the King granted a charter to the 4th Earl of Bedford (Francis Russell) and 13 Adventurers which embraced the drainage plan of Dutch engineer Sir Cornelius Vermuyden. The latter

234 this family.. permission to enter suit against Col. John Humphries,1184 the Council of State appoints a sub-committee for hearing the many complaints of persons pretending damage by the adventurer’s cutting through their lands.1185 A month later Fens Company investor Richard Gorges1186 informs the Company in London of winter and summer riots and assaults on the drainage dykes despite indictment, fines and gaol. Great numbers of townsmen beat the workmen and throw in the works. In deliberate disregard of the Council’s notice, they are identified as the meaner sort from Botsham, Burwell, Swafffham, and Reach, abetted by local magistrates and officials.1187

scheme reserved to the King and the investors vast acres of prior commonage with little or no peasant compensation. Despite the investment of £100,000 the contract was annulled for non-fulfillment amidst claims of fraud. Cromwell had moved to the Isle of Ely after his uncle’s death in 1637. Cynically titled Lord of the Fens, Cromwell fanned local resistance to the projects both in his district and in the Long Parliament. Early opposition consiisted in local peasants and marshmen ridiculed as a breed apart, stilt-walkers, breedlings, waders, and slodgers. In 1642 Parliamentary forces smashed the dykes to block Royalist troop advances,. But upon the death of King Charles in 1649, the Rump Parliament confirmed hydrologist Vermuyden, asking heirs to the original investors to further the plan. £300,000 more was laid on the table; 95,000 fertile drained acres the prized goal. This turnabout inflamed local fishers, eelers, fowlers, trappers, grazers, and cutters of turf and moss for fuel whose livelihood depended on resources unique to the Fens and the law of common turbary, who thus felt betrayed by their leaders. “The Fens,” Encyclopedia Britannica (11th ed.), x, 256-259; Wedgewood, The King’s Peace. 1637-1641, 195. See also Fraser, Crowmwell. The Lord Protector, 51-55; Morrill, Oliver Cromwell, 37

1184 Calendar of State Papers, Domestic-Commonwealth. 1652-1653, 447. The cause of action in Ellinor (Eleanor) Alcock’s 1653 suit is not recorded. No link has been found to the several Alcocks most notable in Bay history, including chirurgeon Dr. John Alcock (1627-1688) who testified that same year in the Bay presentment of John Betts for horrible wicked Crueltys leading to the death of his servant Robert Knight. Records of Court of Assistants, iii, 24-27

1185 Calendar of State Papers, Domestic-Commonwealth, 1652-1653, 447

1186 Lord Edward Gorges, 1st Baron of Dundalk, was one of the 13 investors in the 1634 Fens drain project. After 1635 he gained a patent to Massachusetts extending from Salem to Narragansett resting upon Bay patent nullification by the Quo Warranto. In 1649 his son Lord Richard Gorges (1620-1712), 2nd Baron of Dundalk, carried on the Fens drainage tradition. Far from the Fens, Dundalk (Louth, 50 miles north of Dublin) was part of the Cromwellian resettlement of Ireland. Adams, Three Episodes of Massachusetts History, i, 283; Sanborn, “Stephen Bachiler. An Unforgiven Puritan” p.11 of 19. [See note following]

1187 The anti-drainage Fens protest centered in Swaffham, Botsham, Burwell, and Reach which collectively stood to lose about 1000 acres of commonage wetlands. The Fenlands were fed by rain, springs and calcium-rich streams; broad stretches of open water, dense reed, and scrub grass, home to a vast profusion of fish, crustacian, insect, bird, flower, seeds, woad, hemp, mint, and other biotic forms. “The Fens,” Encyclopedia Britannica (11th ed.), x, 256-259

235 ...Secretly Polluted The on-site foreman at the Isle of Ely1188 requests military support from Major Tyson, who commanded the regiment here in Col. Humphrey’s absence Tyson dispatches 3 or 4 men nightwatcher to guard the construction. Undeterred, on a dark Saturday night in July, 80 insolent rowdies bearing muskets, short pikes, and swords fire upon the guard, wounding one and beating the rest, forcing them to destroy the dykes. Fens Company agents in London request immediate aid from Parliament. The State Council authorizes General Edward Whalley1189 and Col. Humphreys or the commander-in- chief of his regiment there to advance two troops of horse to the Isle of Ely with orders to disperse several mutinous persons who have thrown down the works of the adventurers of the great level of the Fens, and to examine the ringleaders Col. Humphreys certifes the insurrection to Commisary-General Whalley and the council of officers.1190 Both Whalley and Humfrey Jr. conduct examinations. Witnesses are called, depositions are drawn.1191 In order to quell the mob, special juried courts of oyer and terminer1192 are considered.. But a more effective means is suggested, i.e., forced military service: nothing would fright and quiet them more than if there were 100 of the desperate fellows pressed for the service; they being all watermen, and having little to do at home, make these night excursion, and show their valour against my Lord General’s men, which would be much better employed against the Dutch1193

1188 The Isle of Ely in Cambridgeshire was one of several inland firmaments, along with Sempringham, Tattershall, and Kirkstead in Lincolnshire to the north, that stood above the marsh and peet bog on boulder clay and gravel.

1189 Edward Whalley, Cromwell’s cousin, was in rapid succession captain, major, lieut,-colonel, colonel, and by 1659 lieut.-general of Parliamentary forces. As a regicide he sought refuge in Connecticut and Massachusetts after the Restoration. Firth and Davies, Regimental History of Cromwell’s Army, I, 7-8, 335-336, passim

1190 Calendar of State Papers, Domestic-Interregnum, 1653-1654, 115-116

1191 William Glanfield of Humfrey’s troop offered corroborative testimony regarding the Fens riots. Calendar of State Papers, Domestic-Interregnum, 1653-1654, 127-128

1192 On special instances of outrage or insurrection special courts of inquiry were established called courts of Oyer et terminer.

1193 Calendar of State Papers, Domestic-Interregnum, 1653-1654, 120, 128-129. Dutch men-of-war had virtually free reign in the North Sea and the navigable rivers, as Parliament’s ships were in poor repair and desperate for munitions. Iibd., 129, 140

236 this family.. Unable to pin the crimes so subtly and cunningly carried out on any specific persons,1194 the Fens Adventurers seek an order from the Council on September 10 that would authorize Col. Humphrey and Capt. Dale1195 to extend the inquiry to all riots and outrages committed within 2 years in disturbance of the work of draining the great level of the Fens and to send up the actors and abettors to Council.1196

To Scotland with Dragoons In January 1654 Humfrey Jr commands a troop of dragoons in Scotland under Col.Thomas Morgan.1197 The year following, in February 1655 the dragoons finally subdue the Earl of Glencairn’s1198 royalist uprising. After the victory Humfrey’s command evaporates as the dragoon troop is down-sized. General Monck’s protestations are accompanied by warm commendenations for Humfrey’s service.1199

1194 Calendar of State Papers, Domestic, 1653, 128

1195 Capt.-Lieut. Daniel Dale served under Gen. Edward Whalley in 1649. He was recommissioned by Parliament in 1660 after both Whalley and Col Robert Swallow had been cashiered in the shifting tides of alliance leading to the Restoration. Firth and Davies, Regimental History of Cromwell’s Army, I, 226, 228- 229

1196 Calendar of State Papers, Domestic-Interregnum, 1653-1654I, 141. The outcome of the request for an extension of the inquiry is not recorded.

1197 Welshman Thomas Morgan, professional dragoon soldier, was described as a little man, not many degrees above a dwarfe, who, when angry with his troops would exclaim, sirrah, I’le cleave your skull!. With military seige experience in Germany and France, he first served as commander in 1644 under Fairfax, in 1645 capturing several royalist castle strongholds. In October 1648 he petitioned Parliament for a regiment in Ireland, but languished until 1651 when commissioned as Colonel for dragoon regimental command in Scotland under General Monck. Following a brief respite in England he returned to Scotland in 1655 In 1657-1658 he secured important victories in Flanders, subsequently knighted by Richard Cromwell, Oliver’s son and (briefly) successor. Serving Monck well, Morgan was created baronet in 1661and remained in command in Scotland until 1662. He passed in 1678-1679, perhaps buried at St. Martin’s-in-the-Fields, then in Westminster. Firth and Davies, Regimental History of Cromwell’s Army, I, 308-315

1198 William Cunningham, the 9th Earl of Glencairn

1199 Firth and Davies, Regimental History of Cromwell’s Army, i, 308, n.6; 309, n.2; 310, n.4; and ii, 722, n.7, collectively citing Scotland and the Protectorate, 24, 97, 124, 261, 288, 290

237 ...Secretly Polluted To Jamaica: Cromwell’s Western Design1200 In early January 1654 Hugh Peter writes from old London to Dear Friend John Winthrop Jr.1201 in New London Connecticut: I have had a great longing for you here, but truly things are upon such great uncertainty and changes that I wish you and all your friends to stay there and rather look to the West Indies if they remove.1202 The younger Winthrop asks Roger Williams to provide details. Williams, returning from a three year stint in the Protector’s confidence, confirms Cromwell’s policy for the conquest of Hispaniola and Cuba.1203 The plan is predicated on drying up the Euphrates,1204 a metaphor advanced by John Cotton1205 for staunching Papal influence and wealth at its

1200 Strong, “Forgotten Danger to New England Colonies, 88-91; Newton Colonising Activites of the English Puritans, 319-325

1201 In early 1654 Winthrop Jr. was exploring detente with Peter Stuyvesant at New Amsterdam (at least until Cromwell ordered a naval force to intervene); and contemplating the import of indigo and salt from the land and shallow waters of Barbados. Black, The Younger John Winthrop, 166-168, 173-174. The New Amsterdam crisis was resolved by the Anglo-Dutch armistice of April. Robert Sedgwick, commander of New England forces reinforced by two ships from Cromwell, redeployed to Acadia (Nova Scotia) where they routed the French at Fort St. John, Fort (Port) Royal (Annapolis), and Penobscot; a pre-emptive strike in an undeclared war for naval and colonial supremecy. Calendar of State Papers, Colonial. 1654-1660, 423, 424, 426

1202 Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 91, n.2, citing Coll Mass Hist Soc 4th ser, vi, 115. See also Stearns, The Strenuous Puritan, Hugh Peter, 394

1203 Strong, “Causes of Cromwell’s West Indian Expedition,” American Historical Review, 1898-1899, iv, 239, 240, n.1, citing “Williams to Winthrop Jr.,” 12 July 1654, Coll Mass Hist Soc, vi (4s), 286. Its land claimed for Spain in 1492 and natives exterminated and enslaved by Columbus and his kindred spirits, the Ohio-sized Caribbean island of Hispaniola is now politically divided into Haiti and the Dominican Republic. Rogozinski, A Brief History of the Caribbean, 6, 27, passim

1204 The Great Euphrates (Hebrew parah, to sweeten, make fertile) was the 4th branch of the river supplying the mytholgoic Garden of Eden, along the eastern boundary of God’s land grant to Israel. Genesis 2.14, 15.12. According to John’s visions (while banished to Patmos island in the Aegean Sea), at Armageddon God’s Wrath is served up by the 6th Angel who poured out his vial upon the great river Euphrates; and the water thereof was dried up, that the way of the kings of the east might be prepared Book of Revelation 16.12. Building upon the metophor in The Powring Ovt of the Seven Vials, John Cotton prophecied God’s wrath in stifling Rome’s Euphrates, or the streame of their supportments.

1205 Rev. John Cotton was the leading New England proponent of a militant prophetic millennial creed, perhaps inspired by the success of Sweden’s Protestant King Gustavus Adolphus (1611-1632) in the German Civil Wars (Thirty Years War). Adolphus pioneered both the professionally trained army and lightening strikes, organization, and tactics which Cromwell emulated with such success in the English

238 this family.. Spanish-funded Caribbean source, suggested in an early letter to Cromwell.1206 A reprise of Humfrey’s own remigration stump, the provision of a warmer Diverticulum and Receptaculum than New England envisages resettlment from the cold, barren wilderness, into those parts very precious.1207 New Haven denizens are just then suffering a severe economic depression. They are intrigued but not greatly moved by Cromwell’s plan.1208

Civil War. “Thirty Years War,” Encyclopedia Britannica, (11th ed.), 854-855. In October 1651, one month after his crushing defeat of the Scots at Worcester, Cromwell turned to Cotton for advice and inspiration: What prophecies are now fulfilling? Fraser, The Lord Protector, 393. In 1655, the year Cotton predicted the beginning of the thousand year reign of the purified Protestant faith, Cromwell initiated the Western Design, England’s massive putsch against Spain centered in the West Indies. Kenyon and Ohlenmeyer, The Civil Wars, 315

1206 Samuel Sewall relates that Rev. John Higginson (1616-1708) informed him that New Haven’s Rev. William Hooke (later Cromwell’s chaplain) encouraged Cotton to write Cromwell which He did, and advis’d him that to take from Spaniards in America would be to dry up the Euphrates. Thomas (ed.),The Diary of Samuel Sewall, i, 359 Thomas (ed.),The Diary of Samuel Sewall, i, 359; Strong, “Causes of Cromwell’s West Indian Expedition,” American Historical Review, 1898-1899, iv, 239, n.1, citing same Diary of Samuel Sewall, Coll Mass Hist Soc, v (5s), 436-437. In a subsequnet 1647 reference, Ipswich’s Samuel Symonds proposed a collateral trade benefit to New England by providing a rendezvou for our deare english frends when they shall make their voyages to the west Indies to dry vp that Euphrates. “Samuel Symonds to John Winthrop,” Winthrop Papers, 4, 125-127, n.2 citing Mass. Archives, ccxl, 127- 128; Hutchinson Papers (1769), 218-221; (1865), I, 247-250. In his Autumn 1655 letter to Admiral Goodson at Jamaica, Cromwell dipped into the allegorical stream: we fight the Lord’s battles against that Roman Babylon of which the Spaniard is the great underpropper. “Cromwell to Vice-Admiral Goodson” (October 1655) in Carlyle, Cromwell’s Letters and Speeches, iii, 233. See also Taylor, The Western Design, 76-77, n.10, citing Carlyle, Cromwell’s Letters, 134

1207 Strong, “Causes of Cromwell’s West Indian Expedition,” American Historical Review, 1898-1899, iv, 240, n.1, citing “Williams to Winthrop Jr.,” 12 July 1654, Coll Mass Hist Soc, vi (4s), 286

1208 Early New Haven and Guilford settler Samuel Desborough was brother to Cromwell’s brother-in-law, Major General John Desborough (Disbrowe). Savage, Genealogical Dictionary of New England, i 41-42. General Desborough supervised preparations for the West Indies strike force. Firth The Narrative of General Venables, xxxii. In 1654 Parliamentary Member (MP) Samuel then passed the info back to his former associates at Guilford and New Haven, Rev. John Higginson, William Leete, and Rev. William Hooke. John Leverett and Simon Bradstreet in the Bay were also forewarned. Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 88-90; Strong, “Causes of Cromwell’s West Indian Expedition,” American Historical Review, 1898-1899, iv, 239-242. Later ministering at Salem, Higginson was notorious among Quakers for sending abroad his wolves and his bloodhounds amongst the sheep and lambs to secure their downfall. Phillips, Salem in the Sevventeenth Century, 199. In London a disfavored Hugh Peter was piqued when chaplain Hooke returned to England and rapidly gained Cromwell’s preferment. Stearns, The Strenuous Puritan, Hugh Peter, 404. Leete, successively governor at Guilford, New Haven, and Connecticut, died at New Hartford in 1683. He was ancestor to Frederick Humphreys, author of the Humphreys Family in America. Addenda to the Humphreys Genealogy, 64

239 ...Secretly Polluted On 9 December 1654 Cromwell’s Western Design is fine-tuned by the Commission of the Commissioners for the West Indies Expedition, vesting command in General Robert Venables,1209 General (Admiral) William Penn;1210 trusted and beloved Eward Winslow,1211

1209 Firth, The Narrative of General Venables, 109, passim. In 1654 Cromwell appointed Robert Venables (1612-1687) general in the English Expedition to wrest control from Spain in the West Indies. Venables served under Sir William Brereton in the early Civil War. In 1649 he served with distinction under Cromwell in Ireland. Upon his departure for the West Indies in December 1654 Venables complained that his 2500 recruits were generally the most abject in all companies, and raw fellows...half their armes were defection, and altogether unservicable In Barbados he gained 3000-4000 more soldiers, but termed them men kept so loose as not to be kept under discipline, and so cowardly as not to be made to fight After a humiliating defeat in Hispaniola in April 1655, Venables seized the deep water port at Port Royal (Kingstown) and much of the southeastern coastal plain of Jamaica. But with hostile Spanish troops and liberated slaves waging a determined guerilla war from surrounding mountains and inpenetrable forests, the larger part of the island remained unsecured for the best part of the decade. Taylor, The Western Design, 98-110, 190, passim. Beset with a debilitating life-threatening flux (dysentery), Venables set sail for England on the 4th of July 1655, hot on the heels of Admiral Penn. Upon their return an angry Cromwell locked both to the Tower gaol, but upon surrender of their military commissions they were soon released..Venables withdrew from public life until 1660 when Monck favored him with the governorship of Chester. He passed on in 1687. Firth and Davies, Regimental History of Cromwell’s Army, ii, 701-703; Calendar of State Papers, Colonial, 1574-1660, 429. In 1662, in the preface to his acclaimed treatise on Angling, Venables admonished this loose and licentious age...nothing passing for noble or delightful which is not costly. Venables, The Experienced Angler (London: Marriot, 1662, 1969)

1210 Admiral William Penn (1621-1670) was father to Pennsylvania’s famous founder, Quaker William Penn. The senior Penn was 24 at his service in 1645 in the Irish Sea campaign to relieve beseiged Parliamentary troops and check the marauding Dunkirk privateer-pirates. In 1654 he was commissioned Vice-Admiral in Cromwell’s navy, demonstrating skill and courage in the battle at Downs. At the time of the Jamaica expedition he was 33. Kenyon and Ohlmeyer, The Civil Wars in England, 172-177, 315-319

1211 Edward Winslow served in 1649 with the senior Humfrey in the appraisal and disposition of the King’s royal estate at St. James palace. Stearns, The Strenuous Puritan, Hugh Peter, 388.The year following he was named to the critical English Commowealth treasury unit supervising national taxation and delinquent accounts collection, the Commission for the Advance of Money; the same year appointed (with London city recorder William Steele, et.al.) to the Commission for the Propogatiion of the Gospel in England. Brenner, Merchants and Revolution, 556, n.110 citing Jounrals of the House of Commons 6:395; 567, n.9, citing Acts and Ordinances of the Interregnum, 1642-1660 (Firth and Rait, eds.), 2:197-200. Despite a temporary loss of favor due to his support (with Richard Waring, Alderman Thomas Andrews and thirty- seven others) of the London-inititated Rump Parliament recall petition of 1653, Winslow remained a trusted counselor to the Protector due to his didicated support of Puritan ideals. Brenner, idem, 636-637, n.5, citing Calendar of State Papers, Domestic, 1652-1653, 351, 345, 363

240 this family.. Daniel Searle, Governor of our Island of Barbados,1212 and Col. Gregory Butler.1213 Cromwell assigns Winslow to make him understand all things as fully as if he had been there1214 In late April 5000 unruly, miserably armed, misdeployed English soldiers invade Hispaniola. Through dense steamy jungle over unknown terrain, stumbling with fear and indecision, their sick, starved, and dehydrated force is routed. Recriminations and charges of cowardice reach to the high command.1215 On the 5th of May, with the Spaniards in close pursuit, the fleet sets sail for Jamaica. Two days later, on the evening of 7 May 1655, a

1212 Firth, The Narrative of General Venables, ix, 109-110. See also Fraser, Cromwell. The Lord Protector, 526-527; Kenyon and Ohlmeyer, The Civil Wars in England, 315. In 1652 after Gen Ayescue forced the outing of royalist Lord Willoughby at Barbados, the governor’s post was settled upon Parliamentary loyalist Daniel Searle, a man faithful to his trust. Upon landing Searle was bestowed 12 negroes and 4 horses part of his sequestered estate. He later requested four or more faithful ministers for the colony. In July 1656 he was still collecting monies with Butler for delivery to the Commander-in-Chief of the forces in Jamaica. Despite determined opposition, Searle held his seat until retired in July 1660. Calendar of State Papers, Colonial. 1654-1660, 378, 380, 384, 406, 443, 476, 479, 484

1213 Firth, The Narrative of General Venables, 109. Capt. Gregory Butler served under the Earl of Essex in the early battles of the English Civil War. By 1654 he was a prominent figure in Barbados politics. Venables described him as a drunken sot, General Fortescue termed Butler the unfittest man for a commissioner I ever knew employed. Idem, 50; 60. n.1; Fraser, Cromwell. The Lord Protector, 526. In July 1656 Butler and Searles imposed taxes on all the islands of the English West Indies to support Jamaica. The same month Butler was promised 500£ for his services and departure for England at the first opportunity. In 1659 he was again requesting arrears and seeking the governorship of Tortuga. Calendar of State Papers, Colonial 1654- 1670, 443, 446, 477

1214 Firth, The Narrative of General Venables, xi-xii. Signer of the Mayflower Compact and Governor at Plymouth, Edward Winslow (1595-1655) was later long-term Bay agent to England. For his troubles with Morton, Gorges (Ferdinando), and Laud he spent 4 months in Fleet Street gaol. His opposition short list included Rhode Island radical Samuel Gorton and 1646 Bay Remonstrants for Tolerance petitioners William Vassal, Robert Child, and Samuel Maverick. Dempsey, New English Canaan of Thomas Morton, 273-275; The Journal of John Winthrop, 654, 670, 700, n74; Morison, Builders of the Bay, 250, 259, 299. In England he gained large donations for The Society for the Propogation of the Gospel in New England. Bradford’s History “Of Plimoth Plantation.” 366, 409, 507, 389, et passim; Kupperman, Providence Island. 1630-1641, 352; Fraser, Cromwell. The Lord Protector, 526, 530

1215 Reaping a whirlwind from his determined court martial of coward officers, the suffering dysenteric General Venables was himself slandered as soe much possessed with teror that he could hardlie spake Taylor, The Western Design, 34, 25-35

241 ...Secretly Polluted heartbroken Winslow dies.1216 Deprived (by three days) of framing to Cromwell an impartial account of the troop’s subsidiary victory at Jamaica,1217 he is set to rest in the Caribbean. Cromwell searches for alternate New England leadership for the Caribbean venture, offering John Leverett the governorship of Jamaica. Leverett declines in no uncertain terms.1218 Concurrently, in June of 1655 John Humfrey Jr. In England petitions for overdue Scotland service payment amounting to 250£ due by 2 debentures stated at Worcester House. The Council of State in turn suggests they negotiate terms if his occasions will stand engagement in the Western expedition.1219 As Lieut.-Colonel Christopher Ennis likewise petitions for arrears, he is posted to Col. Humphreys in this present expedition, contingent upon

1216 Admiral Penn recorded that Winslow began to grow bad in health, having complained a day or two before; taking conceit (as his man affirms) at the Disgrace of the army on Hispaniola, to whom he told, it had broken his heart Firth, The Narrative of General Venables, xi; Calendar of State Papers, Colonial, 1574-1660, 9, 439

1217 Before the invasion Winslow cast a decisive veto against ravage and plunder. Looting, a traditional reward for the common soldier, was forbiddden on pain of death. Following the deafeat at Hispaniola Winslow disagreed with the plan to invade Jamaica, believing that an easy victory would not raise morale, and a defeat by a small black slave-state could deal a terminal blow to the plan of conquest. Taylor, The Western Design, 24, 36

1218 Thomas, The Diary of Samuel Sewall, I, 359. John Leverett (1616-1679) arrived in 1633 in New England from Boston Lincolnshire aboard the Griffin with his family. Banks, Planters of the Commonwealth, 106. He joined John Cotton’s Boston congregation in 1639, was freeeman in 1640, and. elected clerk of the Military Company of Massachusetts in 1641, the same year Humfrey Jr. joined that body. Leverett moved back to England at the start of the Civil War, serving in 1643 as captain of foot under Col.Thomas Rainsborough (Rainborowe). Rainsborough, one of Parliament’s lead officers of the radical Independent-Puritan persuasion, advocated the inclusion of the common foot soldier in the voting franchise and trial of the King by the Commons. Leverett returned to New England to become Major- General, then Governor (1673-1678) after Bellingham. To his local disrepute, he was knighted by Charles II at the Restoration. Roberts, History of the Military Company of Massachusetts, i, 91; Addison, The Romantic Story of the Puritan Fathers, 164; Firth Cromwell’s Army, 315, 355-356. In 1656 Leverett displeased Cromwell by declining a role in the Western Expedition while converying the Bay’s rejection of resettlement based upon military rule and the lack of provision for civil self-government. The Protector reminded Leverett of the colonists’ “obligation” to participate in the overthrow of sin. Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 93. [See below for Edward Tyson’s martyrdom for his botched mutinous attempt to establish civil rule in Jamaica.]

1219 The deal is settled within one week. Calendar of State Papers, Domestic-Interregnum. 1655, 196, 200. Col. William Goffe was one of three councillors appointed to negotiate with Humfrey. Goffe was son-in- law to Commissary-General Edward Whalley. Both regicides escaped to Connecticut in 1660, later hiding- out in Hadley, Massachusetts. Goffe passed around 1679. Firth and Davies, Regimental History of Cromwell’s Army, i, 335-336

242 this family.. same favour granted to some others of an advance on account, that I may provide for my voyage, and for the wife and 5 children whom I leave behind.1220 On July 11 Humfrey and Winslow’s replacement, Robert Sedgwick of New England,1221 sail out from Plymouth, England with 12 vessels laden with men and supplies.1222 Humfrey’s task is to buttress a motley force of some 7000 undisciplined soldiers with a small cohesive professional force one-tenth that size.1223 After an unevenful sail of six weeks and 4 days, In August 1655 Humfrey arrives

1220 Col. Ennis’ petition for arrears met with partial success as the Council granted him 100£ from their contingencies. Calendar of State Papers, Domestic, 1655, 205. The State long owed Ennis for his cavalry troop at Newport Pagnell and Shelford House attack in 1645 when he survived injury. Firth and Davies, Regimental History of Cromwell’s Army, ii, 723-724

1221 Merchant mariner Captain Robert Sedgwick (1613-1656) was born in Woburn, England, emigrating with wife Joanna to Charlestown in 1635 or 1636, and the following year named Deputy to the General Court. In 1638 he helped charter the private Military Company of Massachusetts, appointed captain in 1640, the same year the senior Humfrey joined the Company. Roberts, History of the Military Company of Massachusetts, 98, 104, 112. In 1643 Sedgwick invested £29 in Winthrop Jr’s abortive scheme for.the Braintree Iron Works. Hartley, Ironworks on the Saugus, 104-105. In 1644 he joined with Valentine Hill and other Boston merchants in an ill-favored venture to exploit and monopolize trade in pelts; but the same cohort later co-opted New England cross-Atlantic fish trade with London. Bailyn, The New England Merchants in the Seventeenth Century, 53, 79-80, 82, 106. In 1645 Sedgwick, Emmanual Downing, and others unsuccessfully petitioned the General Court to gain tolerance for strangers and Anabaptists. The Journal of John Winthrop, 611-612, n.97. In 1652 Sedgwick was appointed Major General of the whole colony. Roberts, idem. Due to his success in 1654 against the French at Acadia, Cromwell in 1655 named him Commissioner in the Civil Affairs at Jamaica, hoping to fill the void left by Edward Winslow’s death and re-energize New England Puritan remigration to that island. But Sedgwick died on 24 May 1656 shortly after receiving an unsoliciteded commission as Commander-in-Chief of English forces in the West Indies. Abbott, Writings and Speeches of Oliver Cromwell, iii, 817; Firth and Davies, Regimental History of Cromwell’s Army, ii, 713; Calendar of State Papers, Colonial, 1657-1660, 423-424, 429-430; Taylor, The Western Design, 96, n.10, citing Thurloe, State Papers. 1655-1658, v, 155; Strong, “Causes of Cromwell’s West Indian Expedition,” American Historical Review, 1898-1899, iv, 243-244. See also Savage, Genealogical Dictionary of New England, iv, 48.

1222 Abbott, Writings and Speeches of Oliver Cromwell, iii, 816

1223 This estimate presumes a loss of some 1000 men at Hispaniola, and does not account the naval force of between 1080-1200 sailors. At Jamaica by July 1655 the combined effects of combat, sickness, dehydration, malnutrition, food-poisoning,and accident left a muster of about 5800 men. In November, the month following the arrival of Humfrey’s relief regiment of 700 (plus 100 raw West Indies recruits), of the 7000 soldiers originally landed in Jamaica, only 3720 still could be accounted. Firth, The Narrative of General Venables, xxx-xxxi

243 ...Secretly Polluted with 700 lusty, healthful, gallant men at Barbados.1224 In a letter to the Protector’s cousin and Master of Ceremonies Sir Oliver Fleming,1225 Humfrey lightly boasts they might have come in a Gravesend barge by favor of trade winds and weather. He pledges, as servants worthy to be owned by soe victorriouse a master as we serve, to rectify the shame of the inglorious defeat at Domingoe.1226 Adding about 100 local recruits from St. Kitts, Humfrey and Sedgwick ship to Jamaica in early October with soldiers fitter to fight then when they first came on board.1227 Sedgwick initially commands only the civil administration of the polyglot colonial plantation forged from officers, soldiers, prisoners, criminals, immigrant boys and girls, servants, slaves, and pirates.1228 Humfrey and Sedgwick carry impeccable Puritan credentials for this task. Central to Oliver Cromwell’s faith-based initiative is the recruitment of sturdy New Englanders, an update of Lord Saye & Sele’s and the senior Humfrey’s persistent bias toward warmer climes,1229 and John Pym and Lord Warwick’s plan for an Central, indeed an American,

1224 Abbott, The Writings and Speeches of Oliver Cromwell, iii (1653-1655), 817; iv (1655-1658), 306. 800 experienced soldiers were originally contemplated, but only 700 shipped out. The remaining 131 were gained in local recruitment. Firth and Davies, Regimental History of Cromwell’s Army, ii, 722

1225 Oliver Fleming was early in the service of Charles I as agent to Savoy and Master of Ceremonies, the latter role assumed with Parliament at the onset of the Civil War.Aylmer, The State’s Servants, 19. Derided by Carlyle as a gaseous but indisputable historical Figure, his duties included directing government ritual and protocol, as well as managing formal negotiations with foreign envoys critical in establishing credibility for the Commonwealth and Protectorate after the demise of Charles I. Carlyle, Oliver Cromwell’s Letters and Speeches, ii, 7-8; Kelsey, Inventing a Republic, 59-61, 133,137; Frasier, Cromwell, The Lord Protector, 425, 616

1226 “Col. John Humfrey to Sir Oliver Fleming” in Thurloe, State Papers (August 1655) xxix, 682 in Thomas Birch (ed., 1742.), A Collection of the State Papers of John Thurloe, iii, Aug. 1655, 4 of 4. Appendix II.B

1227 Firth and Davies, Regimental History of Cromwell’s Army, ii, 723

1228 Sedgwick protested against the rampant marooning, cruizing West Indian Trade of plyndering, and buring of towns, though it hath bee long parcticed in these parts, yet is not honourable for a princely navy Newton, The Colonising Activites of the English Puritans, 327, n.18 citing “Sedgwick to Commissioners of the Admiralty,” 14 Nov. 1635, Col. Papers, No 35, xxxii

1229 Gura, A Glimpse of Sion’s Glory, 79

244 this family.. colonial empire founded upon naval supremacy and Puritan devotion.1230 Just prior to the launch of this Western Design in late 1654, Cromwell terminates his effort to repopulate Ireland with New Englanders. That year New England experiences epidemic disease and a short growing season, while the harsh winter slows trade and deepens a slough of despond. Many in Massachusetts, Connecticut, and New Haven are powerfully moved by the promise of a secure, Parliament-backed West Indies, a new Puritan refuge. Cromwell selects 44 year old Bay denizen Daniel Gookin,1231 then in England, to

1230 Newton, The Colonising Activites of the English Puritans, 319-325, 328-329.The United Colonies 1652 command appointment of Major General Robert Sedgwick and his 1655 appointment by Cromwell at Jamaica, recalled the similar appointment conferred upon the senior John Humfrey by the Bay in competition with the Lords of Providence. Not only were the military and mercantile goals of an English naval empire embracing Central and South America identical, but in both instances a substantial Puritan remigration from New England was contemplated to enlighten those parts by people who know and fear the Lord ; that those of New England, driven from the land of their nativity into that desert and barren wilderneess, for conscience’ sake may remove to a land of plenty In both cases the leadership transfer failed, frustrated in Sedgwick’s case by his premature death, in Humfrey’s by the capture of Providence Island. Calendar of State Papers, Colonial, 1654-1660, 429-430, 442; Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 90, 91, n.2, citing “Sedgwick to John Winthrop Jr.,” 6 November 1655 in Coll. Mass. Hist. Soc., 5th ser., I, 380 (Winthrop Papers)

1231 Early in the 17th Century Daniel Gookin’s (1612-1685) wealthy father moved from Kent, England to an extended landhold in Cork, Ireland. In 1620 the senior Gookin (Gokin, Goggin, Colkin, Cokyn, Cockayne, etc.) was named Virginia patentee in Capt.John Smith’s Generall Historie. In late November 1621 he established a plantation at Newport News with 50 men of his owne, 30 other settlers, provisions, and cattle where the cotton is thick as one’s arme, and so high as a man. Following a devastating 350 man massacre by Indians in March 1621 the government ordered a general consolidation of plantations, but Gookin refused to forsake his private holdings. In 1626 and 1630 the junior Daniel Gookin gentleman was noted resident at Newport News, his father then in Ireland. In 1642 Gookin captained the militia for Upper Suffolk (Virginia) upon his own grants for upwards of 3900 acres. The same year an invited contingent of proselytizing Bay ministers arrived in Virginia but were banished the year following. After a second massacre of some 300 colonists, Daniel Gookin followed the returning ministers and other Protestant recusants to Boston in May 1644, then to Cambridge in 1648 rapidly rising to Deputy then Asssistant to the General Court. In 1649 he was appointed to draw up laws for woemens dowryes, settling 1653 Indian boundary disputes, and examining Robert Knight who died after being beaten by his master John Betts. With Rev. John Eliot, both patrons of Indian religious conversion, Gookin’s own son Daniel reaped the benefits of Winslow’s English fundraising Society for the Propogation of the Gospel in New England. In 1660 Gookin was aboard the ship which brought to New England the escaping Presbyterian regicides Goffe and Whalley. In 1662 he was appointed to co-license, i.e. censor, the sole permitted printing press at Cambridge. In 1670 his eldest daughter Mary married Humfrey estate administrator Edmund Batter. Reviled by some of his contemporaries during King Philip’s War (1675-1676), he sought to protect the Praying Indians from sequestration, banishment, and slavery, writing his own account of their loyalty and suffering. Gookin’s patriotic resistance to the Royal Governor was affirmed in 1681 by appointment as Major-General of the colony. His own plain-style portrait of the times, The History of New England, was

245 ...Secretly Polluted lead the recruitment effort back home.1232 In September 1655 Parliament’s Council of State approves 300£ for his service. Gookin is instructed to acquaint the Governors and inhabitant in New England that the English army took possession of Jamaica on 10th May last, the people found upon the place, to the number of 1,400, having fled to the hills, except some negroes and Portuguese who ahave submitted to the English. To describe the situation and goodness of the island, the plenty of horses and cattle, and the convenience of the harbours, which are now being fortified by the English. That there are about 7,000 well-armed men there, beside 800 more, well provisioned, lately sent over with Major Robt. Sedgwick, a Commissioner in the Civil Affiars of the island, and that it is intended to defend the place against all attempts, and to have a good fleet always in those seas. To offer to the people of New England to remove to Jamaica in convenient numbers, for certain specified reasons, viz. to enlighten those parts, “a chief end of our undertaking the design,” by people who know and fear the Lord; that those of New England, driven from the land of their nativity into that desert and barren wilderness, for conscience’ sake may remove to a land of plenty.1233 Writing to Major-General Fortescue1234 in late October/November, Cromwell lost to posterity after his death in 1685 at age seventy-three. “The Gookin Family,” New England Historical and Genealogical Records, 1847 (2) 167-174; (4): 345-359; Records Massachusetts Bay., iii, 154, 306; Records Court Assistants, iii (1653), 26, 33; i (1673-1691), 61. See also The Journal of John Winthrop, 405-406, 508, n.27; Winthrop Papers, v (1645-1649), 165; Morison Builders of the Bay, 316- 318; Savage, Genealogical Dictionary of New England, ii, 278-279; Pope, Pioneers of Massachusetts, 193; Thomas, the History of Printing in America, 6, n.*, 66, n*

1232 Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 90

1233 Calendar of State Papers, Colonial, 1574-1660, 429-430

1234 Richard Fortescue was a regimental commander in the New Model Army in 1645-1646, having served previously under the Earl of Essex. In 1647 his leadership of the Parliamentary Presbyterian contingent against Independent army interests resulted in the termination of his commission, but by his 1654 pledge to Cromwell’s Western Design it was regained. When Venables announced his departure from Jamaica in June 1655, he nominated Fortescue in his stead, Admiral Penn and staff officers concurring, but commissioner Capt. Gregory Butler dissenting. Cromwell commended Fortescue’s charge of a company of poor sheep left by their shepherd. Fortescue died in mid-October, succeeded in command by Colonel Edward Doyley, whose regiment was raised in Barbados with the help of plantation owner Lewis Morris. Firth and Davies, Regimental History of Cromwell’s Army, ii, 702, 711-712, 716-717. A youthful Morris had lived among the affable Indians on the Moskito Coast, served on Providence Island for many years. In 1656 he adopted the Quaker conventions, in 1682 venturing successfully at Tinton Falls Ironworks (Tinton Manor) in northern New Jersey, before rising to the post of chief justice of New York. Kupperman, Providence Island, 1630-1641, 97-100

246 this family.. wishes that that the Island of Providence were in our hands again, believing that it lies so advantageously in reference to the Main, and especially for the hindrance of the Peru trade and Cartagena, that you might not only have great advantage thereby of intelligence and surprise, but even block up the same.1235 Such sanguine hopes quickly fade. The heavy troop recruitment in Barbados incurs angry local opposition, with a multitude of untrained reluctant and raw recruits impressed or escaping contract servitude.1236 The would-be conquering force is unpaid,1237 badly provisioned; lacking in guns, bullets, food, drink, shoes, and discipline. A humiliating defeat at Hispaniola skewers the enterprise, culminating in the. precipitous return of the contending generals and the successive deaths of Fortescue and former Providence Island governor Colonel Andrew Carter.1238 The returning commander are met by an enraged Cromwell who sequesters both Penn and Venables in the Tower of London. Rising to the occasion, fellow combatant Capt Daniel Howe testifies to Venables bravery, piety, and competence.1239 According to Howe, Venables did

1235 “Cromwell to Fortescue” (Whitehall, November 1655) in Carlyle, Cromwell’s Letters and Speeches, iii, 237. For an October 30, 1655 letter date, see Newton, The Colonising Activites of the English Puritans, 323, n.7, citing Carlyle, Letter of Cromwell, ed. Lomas (1904), no. CCVI; old edition No. CXLII

1236 Calendar of State Papers, Domestic–Interregnum, 1655, 388

1237 By 1659, unpaid troop wages in Jamaica amounted to £110, 228, the equivalent of two years in arrears. Firth and Davies, Regimental History of Cromwell’s Army, I, xxix

1238 In 1636 Capt. Andrew Carter left England aboard the Hopewell as newly appointed governor of Henrietta (San Andreas) Island, 50 miles off the coast of Nicaragua, south of Providence Island (Santa Catalina) and 250 miles from strategic Portobelo (Panama) on the lucrative Spanish trade route. Carter became acting governor of Providence Island at Governor Butler’s departure in February 1640. But Carter’s authority was denied by the coalition of ministers, and by the time of Humfrey’s appointment one year later Carter was subject to company inquest for murdering captive Spanish soldiers. His life (and career) was spared at the Island’s capture by Spain in the same year. Carter led a troop in England in 1645, and in 1647 served under Col. Robert Hammond on the Isle of Wight. In July 1651 he resigned his commission in Scotland to avoid court martial for drunken excess. In line to gain command at Fortescue’s death in Jamaica in October 1655, he likewise passed away, and the elusive command passed to Colonel Edward Doyley. Calendar of State Papers, Colonial, 1574-1660, 224, 317-320, 344; Kupperman, Providence Island. 1630-1641, 263-264, 337-339, 350; Firth and Davies, Regimental History of Cromwell’s Army, I, 264, 352; ii, 701

1239 Daniel Howe (How, Hough) served in Cromwell’s West Indies Expedition in Jamaica from 1654-1655, where he captained twelve subordinate officers and eighty-three soldiers in Col. Andrew Carter’s regiment of 964 officers and troops. Firth, Narrative of General Venables, 120; Firth and Davies, Regimental History of Cromwell’s Army, ii, 712. In 1656 Howe, along with John Humfrey Jr., William Fleetwood, Admiral Goodson, widows, wives and others, formally petitioned for arrears. Calendar of State Papers,

247 ...Secretly Polluted carry himself like a Godly, Valient, discreet General, exposing himself to the greatest danger, and sharing with us in our wants, and one that did in his place endeavour the suppressing of Sin and the Promotion of Godliness1240 In November 1655 Parliament authorizes an additional fleet of 14 frigates and 3 ketches and double allowances of necessaries for sick men. Much needed support includes shirts, shoes and drawers and emergency provisions for 6 months, after which the soldiers may live of themselves. Scotch servants are particularly desirable, in every way as serviceable for defence as soldiers. Officers must insure that all servants shall be 16 years of age, that the Service suffer not by numbers of useless boys Provision is also made for some Godly ministers with monies for their maintenance and that of Surgeons and Penmen. In letters posted to Parliament the same month, an ailing Sedgwick prays for leave to return to London, commending his wife and five children to the beneficence of the Lord Protector.1241 In a November 1655 letter to Winthrop Jr., Sedgwick writes, The army is in bad condition. God’s hand is against us in disease and very great sickness; men die, a hundred or more every week; seems doubtful about the final success and whether God is in it.1242 Meanwhile, arriving in Boston in late December, Daniel Gookin, Cromwell’s agent for New England remigration, sets to recruitment work. But rumors and reports attest to wild untended cattle, troop desertions, and the greatest part of the army now sick.1243 From the time of its landing in Jamaica, Humfrey’s own relief regiment begins a dizzy descent into dysentery and death. At Jamaica in November 1655 a muster of all seven regiments including Col. “Humphere’s” accounts 2,194 well, 2,316 sick, and 172 women

Colonial series 1574-1660, 455, 462.

1240 Firth, Narrative of General Venables, 46, n.2, citing Thurloe, iii, 504

1241 Savage, Genealogical Dictionary of New England, iv. 48

1242 “Sedgwick to John Winthrop Jr.,” 6 November 1655, Coll. Mass. Hist. Soc., 5th s, i, 380, cited in Strong, “A Forgotten Danger to the New England Colonies,” American Historical Association, 1898, 90, 91, n.2. Due to New England’s pivotal role in Jamaican trade and troop provisioning, reports of disease and desertion probably reached New England prior their arrival in London. Sedgwick’s postings to England in November 1655 and January 1656 were acknowledged by Parliament in April, May, and again in some detail in June. Calendar of State Papers, Colonial, 1654-1660, 438, 440, 442

1243 Calendar of State Papers, Colonial (Series 9), American and West Indies, 1675-1676, 104-105

248 this family.. and children. No less than 700 men are laid in the grave.1244 In Humfrey’s regiment alone the sick toll rises to 455 out of 790; John Humfrey the colonel himself very weak, and Christopher Ennis1245 the lieutenant colonel at death’s door. Among 50 men dead are two captains, a lieutenant, and two ensigns.1246 Reports to Parliament in January 1656 confirm the landmen extremely sickly. Crucial to army discipline, almost all the officers extremely sick. To maintain morale, some troops are sent to the South American mainland, where they fell on a small town of the Spaniards which they spoiled and burned.1247 The same month an ailing Humfrey and five other field officers petition for the return of sick officers and soldiers to England. The petition is denied. In March Humfrey again begs leave to quit Jamaica , but Commander-in-Chief Col. Edward Doyley1248 stands firm, hoping instead Humfrey will send for his family.1249

1244 Calendar of State Papers, Colonial Series 9, America and West Indies, 1675-1676, 105

1245 A petition by Lt-Colonel Christopher Ennis for back pay was recorded in Sept.1656, and that of his widow Mary (mother of 5 children) in December and August of the year following. Calendar of State Papers, Colonial, 1574-1660, 455-456. Firth and Davies, Regimental History of Cromwell’s Army, ii, 723- 724. These dates suggest that Ennis may have expired at Jamaica in late 1656 or early 1657.

1246 Firth and Davies, Regimental History of Cromwell’s Army, ii, 723

1247 Calendar of State Papers, Domestic, 1655-1656, 133

1248 Colonel Edward Doyley (D’Oyley) received the field command in Jamaica upon the death of Fortescue in October 1655. Educated at the Inns of Court and qualified by fourteen years of service, he was provoked to write Cromwell in regard to his disputed West Indies command that, I am already soe by election, succession, and confirmation of the commissioners. That I have endured the soure, and would gladly see if any sweet comes from it Cromwell first temporized, then by early 1656 naming Sedgwick to the command. After Sedgwick’s death in May 1656 Cromwell appointed Major-General William Brayne in June. Brayne sailed in October with 500 veteren soldiers, arriving in December. At the same juncture Col. William Moore’s raw contingent of 600, shipping out of Northern Ireland’s port Carrickfergus, lost 200 men to the sea. Eventually an additional 700 troop arrived Jamaica. In the following 9 months over one-third of Brayne’s total muster of 1200 succumbed to sickness and destitution, while Brayne himself died in September 1657. Firth and Davies, Regimental History of Cromwell’s Army, ii, 726; Taylor, Western Design, 125. The command again reverted to Doyley, who continued to guide the plantation’s economy and defense, with incursions into Cuba and surrounds. In late July 1660 he wrote to the Commissioners of the Admiralty All the frigates are gone, and neither money in the treasury, victuals in the storehouses, nor anything belonging to State is left...the island has a sense of being deserted by their own country, which fills the minds of the people with sad and serious thoughts Calendar of State Papers, Colonial 1654-1660, 485. Officially commissioned Governor of Jamaica at the King’s Restoration, Doyley was soon replaced and returned to London in 1662, passing in 1675. Firth and Davies, Regimental History of Cromwell’s Army, ii, 702, 704-706, 712-715

1249 Calendar of State Papers, Domestic. 1655-1656, 133

249 ...Secretly Polluted Stung by loss of his commission and criticized for forsaking duty for the petticoats of his wife, General Venables later writes: Some officers (as Coll. Humphreys) did afterwards take their Wives with them without hindrance or blame, and for Soldiers Wives, whoever have observed in Ireland know the necesssity of having that sex with an army to attend upon and help the sick and wounded, which men are unfit for. Had more women gone I suppose that many had not perished as they did for want of care and attendance.1250 From aboard his flagship Marmaduke in February 1656 Sedgwick orders Humfrey’s troops to the nearby Palisadoes sand-spit,1251 there to construct an earthen redout and man large guns at the 60-acre terminal island Cayo de Carina (cay of careening ships, Port Royal) at the entrance to the deep Kingston harbour.1252 Charged also with hauling limestone block from the nearby mainland and constructing a round tower, the Humfrey troop proves altogether, notwithstanding any encouragement we could give them, useless The debilitated soldiers return to quarters, sailors taking up and finishing the task instead.1253 Sedgwick succumbs to distemper on May 24th, a scant two weeks after reluctantly receiving commission as military Commander-in Chief in the West Indies.1254 By June

1250 Firth, Narrative of General Venables, xl, 102. See also Firth, Cromwell’s Army, 262, n.3, citing same (but absent any reference to Humfrey). The remarks by Doyley and Venables confirm John Humfrey Jr.’s own marriage and children.

1251 Sedgwick’s first letter to Cromwell from Jamaica bespoke his intermittent sickness, fearful of imminent demise. I am apt sometimes to think I shall write no more. I am sometimes sick, and think I may fall among the rest of my countrymen Doyley, supported by testimony of Capt.William Godfrey of the Marmaduke, claimed Sedgwick provoked God by hidng aboard his ship for feare of infection during his entire service. Taylor, The Western Design, 97, n 11 citing Thurloe, State Papers, v, 138; n.12, idem, iv, 155

1252 Cagaway or Port Royal Jamaica, fortified entrance to Kingston harbour

1253 Taylor, The Western Design, 129-130; Firth and Davies, Regimental History of Cromwell’s Army, ii, 723

1254 Sedgwick received his military command commission either on May 8 or May 12, called a meeting his senior officers, reluctantly informing an incensed Doyley that the rumour of the latter’s demotion was fact. Taylor, The Western Design, 96; Firth and Davies, Regimental History of Cromwell’s Army, ii, 713; Calendar of State Papers, Colonial, 1657-1660, 423-424, 429-430

250 this family.. Humfrey’s regiment is down to 312 men.1255 Admiral Goodson1256 writes home that many officers designe nothing but their returne into England; to which end they have not encouraged planting for the necessary support of the soldiery. Coll. Humfryes regiment hath don nothing therein, others but little1257 In July 1656 Humfrey’s old regimental companion Edward Tyson is authorized to join Humfrey’s troop in Jamaica.1258 Accompanying Tyson in the Grantham frigate is Thomas Humphry with 13 other prospective settlers or troopers.1259 By September John

1255 Firth and Davies, Regimental History of Cromwell’s Army, ii, 723. The fluctuating fever and weakness, absent great distemper, suggests Sedgwick may have been a victim of malaria.

1256 Upon the departure of Admiral Penn in June 1655, Vice-Admiral William Goodson was appointed Admiral by the West Indies Commission, with Commissioner Capt. Gregory Butler refusing his assent. Goodson was left with 11 ships of the total twenty-three. Firth, The Narrative of General Venables, 66, 104; Firth and Davies, Regimental History of Cromwell’s Army, ii, 702. After a series of attacks upon Spanish port and shipping, Goodson returned in good repute to England in January 1657 with 9 ships, relieved by the arrival of General Brayne and Commodore Christopher Myngs with a convoy of 1200 soldiers and sailors. Taylor, Western Design, 125, 141

1257 Firth and Davies, Regimental History of Cromwell’s Army, ii, 729. Although never officially charged, Humfrey’s strenuous efforts to depart Jamaica and the failure of his ailing troop of professional soldiers to engage in planting buttressed ventures among officers and troops to abort the venture. One.unnamed, high ranking officer threated to make mutinies if not permitted leave. Taylor, The Western Design, 120, 123

1258 By 1660 the remainder of Humfrey’s company had gained a semblance of health and been reformed into the Guanaboa regiment under Col Tyson. In May Lt.-Colonel Tyson’s wife Mary secured passage to join him in Jamaica, but the mutinous Tyson had already been put to death by the time she would have arrived. Firth and Davies, Regimental History of Cromwell’s Army, ii, 724-725; Taylor, The Western Design, 197-199. [see note below]

1259 Calendar of State Papers, Colonial, 1574-1660, 445. See also Coldham, Complete Book of Immigrants 1607-1776, sec.ii, ch.51, 1656. Thomas Humfrey was but 18 years of age upon this venture to Jamaica. One inducement to settle could have been the 20 acres granted to every male above 12, and 10 to every other male or female Col. Doyley likewise had gained authority togrant the common foot to plough and plant their own plots. Taylor, The Western Design, 124. Also beckoning was the promise of cheap servant labor and mate material contemplated in the forced emigration of 1000 Irish girls, and the like number of youths, of 14 years or under. Calendar of State Papers, Colonial, 1574-1660, 430-431. But Thomas Humfrey could not have tarried long in Jamaica, for in 1657 he appeared as witness with mariner Edward Winslow at York, Maine. Davis, Noyes, and Libby, Genealogical Dictionary of Maine and New Hampshire, 709, citing York (Massachusetts/Maine) Deeds, 35:54. This younger Edward Winslow (1636-1685) was nephew to his illustrious namesake Edward Winslow, former Governor at Plymouth, New England’s agent to Parliament, and West Indies Commissioner. Mariner Edward’s father, John Winslow (1597-1674) bought the Boston mansion of Antipas Boyce (Boyes, Boyse, Boys) in 1671, the same Boyce designated heir in brother Joseph Humfrey’s 1663 will. Boyce was a leading investor in both Dover and Kennebec where Thomas

251 ...Secretly Polluted Humfrey’s regiment muster declines to 276. Those who don’t die or defect continue their desperate petitions for discharge back to England.1260 In September Parliament’s Jamaica Committee suggests death benefits based on arrears varying from 103£ 4s 6d to 4£ 7s 6d to widows, orphans, or mothers of soldiers and soldiers who have died Parliament confirms the benefit to such of the wives or widows of officers or soldiers as went to Jamaica under Col. Humphreys.1261 Once again in October 1656 Humfrey petitions Col. Doyley for permission to return to England. Conceding his reasonable importunities as he long laboured with continual sickness, Doyley grants his request1262 In early November 1656 John Jr. exits Jamaica. Capt.William Fleetwood then assumes command,1263 followed shortly thereafter by Tyson.1264 In all, Col. Humfrey’s relief regiment of 800 loses over 500 men, mostly to

Humfrey subsequently settled. Pope, Pioneers of Massachusetts, 507; Savage, Genealogical Dictionary of New England, i, 225

1260 Abbott, The Writings and Speeches of Oliver Cromwell, iii (1653-1655), 817; iv (1655-1658), 306

1261 Calendar of State Papers, Domestic, 1656-1657, 110

1262 Firth and Davies, Regimental History of Cromwell’s Army, ii, 723, n.5, citing Thurloe, iii, 603. Taylor (ambiguously) contendts that “One of Brayne’s first actions was to give a few of the officers, like Colonel Humphrey, who had been clamouring to return to England, leave to do so.” Taylor, The Western Design, 126. But Humfrey had already been replaced in command and probably gone from Jamaica a month before Brayne arrived. [see text and note following].

1263 William Fleetwood may have secured his West Indies commission by his relationship with Gen. Charles Fleetwood, Lord Deputy of Ireland. He was captain in Humfrey’s regiment on 24 July 1656, obtaining command on 10 November 1656, presumably upon Humfrey Jr.’s departure. Fleetwood himself shortly thereafter left for England. He then served in Flanders from 1657-July 1658 as Lt.-Colonel in Roger Alsop’s volunteer regiment. Fleetwood transferred out of Flanders just prior to Capt. Humphrey’s commission there as major. Firth, Cromwell’s Army, 51, citing Thurloe Papers, vii, 190; Firth and Davies, Regimental History of Cromwell’s Army, ii, 679, 694, 724

1264 Firth and Davies, Regimental History of Cromwell’s Army, ii, 724. The abortive Guanaboa regiment insurrection in 1660 led by Lt.-Colonel Thomas Raymond and Humfrey’s long-time comrade in arms, Edward Tyson, may have had its inception in John Humfrey Jr.’s own attitude to the Jamaican death-trap. The absence of active military engagement (other than sporadic guerilla warfare), and desire for civil rather than military rule may have inclined them to mutiny. Tyson and portions of the island force, recalling the tradition of shared New Model Army decision-making, denounced the military government regulated by court-martial and renounced their military obligation, determined to have the Island settled in Colonies, and make constable and civil officers In addition to issues of back-pay and military discipline, the insurgency was moved by uncertainty following Cromwell’s death and the growing rift between Puritan-Independents (Roundheads) and Royalist

252 this family.. disease and malnutrition.1265 The regimental remnants are merged with Brayne’s and Doyley’s troop.1266 In 1657 (and 1658) Humfrey applies for back pay, one of the Officers and Soldiers engaged in the American Expedition.1267 Henry Cromwell, now Ireland’s Lord Deputy,1268 solicits favors for Humfrey, noting Oliver Cromwell’s pleasure that something be done for col. Humphreys.1269 Humfrey is offered, but declines a post in Ireland.1270

(Cavaliers) supporters. Taylor, The Western Design, 194-199, 196, n.4, citing Sir William Beeston’s Journal and Long, i, 281, 622. See also Firth and Davies, Regimental History of Cromwell’s Army, ii, 724-725. Unprotected by the Articles of Indemnity, Doyley in 1661 termed the revolt a Republican insurrection and petitioned Charles II (and was pardoned) for having been compelled to suppress mutinous and seditious persons in order to prevent anarchy after Cromwell’s death. Taylor, The Western Design, 203, 209, n.14, citing Cundall, Governors of the Seventeenth Century, 8-9. Reserving a ship for his own escape if necessary, Doyley’s order for Raymond and Tyson’s death appears to be that of a professional soldier determined to preserve both his command and the military presence. Taylor, idem, 198. Given his own uncertified and vulnerable command, Doyley’s decision may well have been influenced by Tyson’s close personal and regimental association with the Humfrey clan, his contention with John Humfrey Jr. and other officers, and his deeply resented prior command replacement by Humfrey’s close friend and military superior, New England’s Robert Sedgwick.

1265 Abbott, Writings and Speeches of Oliver Cromwell, iv, 306

1266 Taylor, The Western Design, 208

1267 Calendar of State Papers, Colonial series 1574-1660, 462, 472. See also Humphreys, The Humphreys Family in America, 89, n** citing Thurloe’s State Papers, i, 358; iv, 232; v, 152; 89, n†† Calendar of State Papers. [no vol/page]. Thurloe was Parliament’s interregnum Secretary for the Council of State, later serving the Protectors, Oliver and Richard Cromwell. The widespread perception that Humfrey received preferential back-pay on return to England engendered outrage and similar demands by officers still in Jamaica. Attempting to mitigate the discontent, General Brayne authorized payment to married officers drawn from the sale of seized Spanish assets to New Englanders, which further annoyed those officers yet unwed. Taylor, The Western Design, 127, n.9, citing Long,.A History of Jamaica (1774), i (Bk 1), 269

1268 Oliver’s son Henry Cromwell had early contact with Hugh Peter and John Humfrey Jr. at Milford Haven in January 1650. In Ireland he was then deployed as colonel of a horse regiment. Stearns, the Strenuous Puritan, 358. Henry returned to Ireland in 1655 as army Commander-in-Chief and member of the Council of Dublin where his support of the Independent faction drew the ire of Baptist William Steele. In 1657 he succeeded Charles Fleetwood as Lord Deputy of Ireland. At the Restoration he was permitted land in Ireland, passing peacefully in Cambridgeshire in 1674. Fraser, Cromwell. The Lord Protector, 577-580, 688

1269 Abbott, The Writings and Speeches of Oliver Cromwell, iv, 700

1270 Idem, iv, 306

253 ...Secretly Polluted Power to the Son: Plunder, Maintenance, Ejection and Impropriation of Ministers Upon King Charles’s decapitation in 1649, religious direction is placed in the hands of the Rump Parliament’s Plundered Minister Commission, aided by a salaried non- Parliamentary body, the Trustees for Maintenance of Ministers.1271 The senior John Humfrey is named to this quasi-private body of long time associates, well qualified by over two decades of recruitment and fundraising in effort to support and disseminate a Puritan- Independent ministry. Upon the elder Humfrey’s death in December 1651, the House of Commons resolves, that Colonel John Humfries eldest Son of Colnel John Humfries deceased, be admitted, and hereby enabled, to execute all and every the Publick Places and Employments, which the said Colenel Humfreies, the Father, had in his Life-time1272 A 28 August 1654 meeting of the Commons appoints Humfrey Jr. as a Middlesex and Westminster Commissioner for the ejection of Scandalous Ministers and Schoolteachers.1273 The all-laymen Ejectors1274 ferret out morally delinquent tax-supported

1271 Aylmer, The State’s Servants, 13, n.24, 350. The Trustees for the Maintenance of Ministers was a non- Parliamentary commission assigned by Parliament to raise and supervise funds to augment pay for selected clergy, lecturers, teachers, and schoolmasters. A primary source of stipends was sequestered cathedral and royalist estate rents. Initially established in 1649-1650 by the Rump Parliament and reformulated with broader powers in 1653-1654, the trustees for 11 years supported primarily Puritan-Independent ministers and school-masters, thus offering Cromwell direct patronage control for a state favored religion. Aylmer, The State’s Servants, 268; House of Commons Journal (15 April 1650), vi, 393; (4 February 1653), vii, 254-255. Collins, “The Church Settlement of Oliver Cromwell,” History (Jan. 2002), 87(258):31-32. The Ministers Maintenance operated in consort with the Triers, Ejectors, and Plundered Ministers committees, as in the Act for the Propagation of the Gospel in Wales (1650-1653) which ejected errant pastors and teachers, and licensed for tax-support newly established congregations, an act vigorously advocated by Rev. Hugh Peter. Stearns, The Strenuous Puritan, 358-362; Collins, ibid.18-40

1272 Parliamentary committee appointments, like those of the military, were sometimes continued after death. Aylmer, The State’s Servants, 155. But In this instance John Humfrey Jr. was specifically appointed by the Commons to replace his father on the various commissions and to have, receive, and enjoy all such Salaries, Pensions, Profits, and Advantages thereby, as the said Colonel John Humfryes, the Father, should, or might have had and received in respect thereof. “Colonel Humfries,” House of Commons Journal (19 December 1651), vii, 55

1273 Firth and Rait, “An Ordinance for ejecting Scandalous, Ignorant and Insufficent Ministers and Schoolteachers” [29 August, 1654], Acts and Ordinances of the Interregnum, 1642-1660, 968-973

1274 While the Ejectors were exclusively lay men, the Triers were diverse committees of Christian sectaries and “even some soldiers” (Catholics, Anglicans, and libertines excepted) chosen to officially approve ministers. Broad membership in the Triers was encouraged by Cromwell so long as the committeemen did not challenge civil order or meddle in politics. Moderate Presbyterians and Baptists joined with

254 this family.. ministers and schoolmasters who use the book of Common Prayer, deny the divine status of Christ (or God), or challenge state authority by writing, preaching, or otherwise publishing any dissafection to the present Government.1275 Of twenty-four Middlesex Commissioners named Ejectors, significant senior and junior Humfrey links include Phillip Skippon, Edward Whalley, William Goffe, Maurice Thomson, and Edward Cresset.1276 In the final years of the Protectorate (1656-1660) John Humphrey (also transcribed Humphry, Humfry)1277 is named plaintiff in seven impropriations1278 suits entered to collect monies from noncompliant Welsh parish churches.1279 Humfrey’s co-plaintiffs are William Steele, Lord Chancellor of Ireland, Sir John Thorowgood of Kensington,1280 Richard

predominently Independent ministers as a majority of the thirty-eight named Triers of “all such as desired to be admitted to benefices.” Neal, History of the Puritans, 609; Bremer, Congregational Communion, 193-195; Collins, “The Church Settlement of Oliver Cromwell,” History (Jan. 2002), 87(258):27-28.

1275 Collins, “The Church Settlement of Oliver Cromwell,” History (Jan. 2002), 87(258):28. For sharply contrasting perspectives on Cromwell’s unifying evangelical motive and relative powerlessness regarding a Church Settlement emphasizing his antipathy to religious forms in favor of “freedom of conscience” and sectarian-blind honest, upright morality (by Puritan standards), see also JC Davis, “Cromwell’s religion” (181-208) and Anthony Fletcher, “Oliver Cromwell and the godly nation” (209-233) in J Morrill, Oliver Cromwell and the English Revolution (London:Longman, 1990)

1276 Firth and Rait, “An Ordinance for ejecting Scandalous, Ignorant and Insufficent Ministers and Schoolteachers” [29 August, 1654], Acts and Ordinances of the Interregnum, 1642-1660, 968-973

1277 Might Reverend John Humfrey (1621-1719) be the “Humphrey” named in these Maintenance of Ministers Commission suits? The Commission itself was reauthorized in September 1654. Presbyterian ministers Rev. John Humfrey and Rev. Richard Baxter widely circulated a model Confession of Faith in December. Collins, “The Church Settlement of Oliver Cromwell,” History (Jan. 2002), 87(258):31-32, 28n62, citing Baxter Letters (7 Dec. 1654), v. fo. 126. After the Restoration Rev. Humfrey advocated religious accomodation to the Church of England. Wood, Fasti Oxonienses, 743; Condren, “The Creation of Richard Hooker’s Public Authority: Rhetoric, Reputation and Reassessment” The Journal of Religous History (Feb. 1997) 21(1):52-53.

1278 Impropriations refer to taxing church properties in the hands of laity; in this instance mostly royalist- tainted Anglican-Episcopalians.

1279 PRO [Public Records Office] E 134/1657/Mich7; E 134/1656-57/Hil15; E 134/1658-59/Hil11; E 134/1660/East2, 11, 12, 13

1280 Lead trustee for Maintenance, John Thorowgood (Thoroughgood, ca. 1595-1675) was a moderate Calvanist, knighted by King Charles in Scotland in 1633. He supervised the raising of Parliament’s militia from Middlesex in 1644, later the same in Norfolk. In 1649 he was tax commissioner for Westminster and Middlesex, in 1653/1654 presiding at the courts Oyer and Terminer for Middlesex. In favor at the Restoration, he was appointed Gentleman of the Privy Chamber, later publishing a list of his role-models,

255 ...Secretly Polluted Sydenham,1281 George Cooper,1282 Edward Hopkins,1283 John Pocock,1284 Edward

passing at the age of eighty. Aylmer, the State’s Servants, 267-270

1281 Dorset born Richard Sydenham was named to a subcommittee to consider arrears for the Jamaican forces on 9 May 1656. His better-known brother Col. William Sydenham, Cromwell’s loyal soldier, Councilor of State, and state treasurer in 1654, was a regular member of the Commmittee for America which considered West Indies and Jamaican affairs. Calendar references to Col. Sydenham (despite incorrect index marking) are to William (with the exception above noted). Calendar of State Papers, Colonial, 1554-1670, 440, passim. See Aylmer, the State’s Servants, n88, 415; Firth and Davies, Regimental History of Cromwell’s Army, i, 124, 382-383; ii, 433, 718

1282 George Cooper, relative of the influential Sir Ashley Cooper, is described as a “minor official” who in 1655 petitioned the Admiralty (through fellow maintenance trustee Edward Hopkins) to favor his claim to standing timber granted the Navy, eventuating in a long running suit. Aylmer, The State’s Servants, 131- 132, n.16, citing PRO, Admiralty 2/1730, fo. 145B. [see note following]

1283 London turkey merchant Edward Hopkins (1599-1657) arrived in New England in 1637 in the company of Rev. John Davenport, Theophilus Eaton and Thomas Yale. Trader Hopkins removed to Hartford the same year where he speculated in furs, hemp, and cotton leveraged by govenrment influence. He was regularly Deputy, and Governor from 1642-1652 in tandem with John Haynes. In 1652, dissatisfied by a shift from commerce to agriculture, he returned to Cromwell’s England to became a member of Parliament and Commissioner to the Navy. Hopkins died in 1657, his long disturbed wife Ann (daughter of Thomas Yale) survivng until 1698, after which his substantial bequest to Harvard passed to the College. Bailyn, New England Merchants in the Seventeenth Century, 29-30, 38, 55, 72, 94, 204, n.52; Savage, Genealogical Dictionary of New England, ii, 461. A man of zeal and courage, memoralized by Johnson: Hopkins thou must, although weak dust, for this great work prepare, Through Ocean large Christ gives thee charge to govern his with care Johnson’s Wonder-Working Providence, 179. Public office encourages trade in influence. From his London Naval office in 1655 Hopkins unsucessfully lobbied ex-Charlestown shipwright, then Naval Commissioner Francis Willoughby, to grant George Cooper an opportunity to purchase standing timber reserved to the Navy by an Act of Stale. Alymer, the State’s Servants, 131-132, n15, 383, citing PRO, S.P. 46/117, fo.55. [see note above]

1284 Merchant-trader John Pocock (?-1657) was an early adventurer in both Plymouth and Bay Colonies. He was chosen Assistant in London to the Bay Company in 1629, active in trade and as agent to the colonies. Rose-Troup, The Massachusetts Bay Company, 152. In 1640 he is called London Woollendraper on the same page Lechford records Humfrey’s lease of the Plaine’s and Ponds Farms. Lechford, Manuscript Note-Book, 255. In 1642 he promoted the reducing of the Rebels of Ireland into obedience; supplied cloth to New England and coats to Parliament’s army, later providing credit for the Saugus Ironworks. Stearns, The Strenuous Puritan, 189, n.3; Hartley, Ironworks on the Saugus, 69-70. In 1645 he was sued by John Fogg to recover a 50£ legacy from John Bancks bonded by Pocock and his father Ralph Fogg, an account still outstanding in 1649. Aspinwall, Notarial Records, 15, 270-271. Pocock served as London agent for the Bay, replacing Weld and Peter. The Bay Company avoided reimbursement of his initial 1629 50£ investment and 1642 merchandise until 1656, the year before his death. Stearns, The Strenuous Puritan, 180-181, 189; Rose-Troup, The Massachusetts Bay Company, 62, 69, 103, 152

256 this family.. Cresset,1285 and others.1286

Mary Humfrey’s Petition for Relief In January of 1657 Mary Humphreys, the impoverished widow of the senior Col.John Humphreys, petitions the Lord Deputy and the Council of Ireland1287 for relief. A forthcoming report concludes that, on account of her poverty and charge of children, and the faithful service of her husband, they are fit objects of compassion, especially as he is 700£ in arrear of a pension of 400£ a year from the late Court of Wards, which was settled on him by Parliament for life. Colonel Humfrey the son testifies that his father’s arrears are properly assigned to Mary. The Council of State on 7 April issues a warrant in the amount of 40s A week till the said

1285 In 1658 London Alderman Edward Cresset was associated with Congregational minister Philip Nye, et. al., on the Committee For the Affairs of the Poor Protestants in the Valleys of Piedmont. The Committe sought funds for the Waldensian sects terrorized by the Catholic Duke of Savoy. Cromwell himself donated £2000 while negotiating with Cardinal Jules Mazarin (1602-1661) of France to end the crisis. Fraser, Cromwell. The Lord Protector, 538-540; Alymer, The State’s Servant, 415, n.88. Philip Nye centered the Congregational orthodoxy in England through the better part of four decades, opposing a set liturgy, espousing lay preaching, rejecting the Levellers democratizaion in 1649, and supporting militant opposition to Monck on the eve of the Restoration. Bremer, Congregational Communion, 148, 172-174, 198-199, 204

1286 Public Records Office (PRO): E134/1656-1657/Hil 15; E/134/1658-1659/Hil 11; E134/1660/East 11, E134/1660/East 12; E134/1660/East 13 Other trustees named were John Sloper, Richard Young (Yong, Yonge), Ralph Hall, and Richard Beale. Sloper may have been related to Capt. Sloper who served Venables in Ireland and was killed at Scariffhollis, County Donegal in June 1650. One Richard Young was Adjutant-General of Col. James Heane’s regiment, dying at Jamaica around 1655/1656. Firth and Davies, Regimental History of Cromwell’s Army, ii, 667, 723. Perhaps Richard Young was related to Thomas Young, early a student with Hugh Peter at seminary, later tutor to John Milton; or Peter’s turn-coat physician, former minister Dr. William Yonge, cast out of a living by the Committee for Plundered Ministers, the Parliamentary antecedent of the Maintenance Trustees. Ralph Hall was likely Mr. Hall, friend of historian John Rushworth at the Exchequer office in the Temple. Aylmer, The State’s Servants, 130, n.3, 383, citing SP 46/97, fo. 148-9 (28 Feb. 1654/5). Perhaps Hall and Beale were related respectively to prominent Cambridge Calvanists Joseph Hall and James Beale, both well-known to Rev. Samuel Ward, Nathaniel Ward’s older brother. Bremer, Congregational Communion 35-36, 38; 274, n.26; Stearns, The Strenuous Puritan, Hugh Peter, 357, n.35; M orison, Builders of the Bay Colony, 220

1287 Mary Humfrey’s appeal was to Charles Fleetwood and Williams Steele. Fleetwood was Lord Deputy of Ireland from 1654-1657, gaining his post through marriage to widow Bridget (Cromwell) upon Henry Ireton’s death by plague in 1651. By 1656, Fleetwood had departed Ireland, leaving on-site authority vested in Henry Cromwell, who was confirmed Lord Deputy in November 1657. William Steele was Lord Chancellor of Ireland from 1656, serving on the governing Council, and by seniority and status exercising considerable influence. Fraser, Cromwell. The Lord Protector, 397, 578-579. “William Steele“ Encyclopedia Britannica, 11th ed., xxv, 867

257 ...Secretly Polluted 700£ is repaid.1288

Saga of the Swords (Continued...) In 1657 Parliament debates the Petition and Advice which (1) calls for a reinstated House of Lords and (2) offers the Protector the Crown of England. It is suggested that his Highness be publicly acclaimed King in a pompous and expensive ceremony. With Cromwell declining the title but accepting the office on June 26th, a virtual coronation ensues with the Sword of State once again making a pointed ceremonial appearance.1289 In August Jane Baker lays claim to the past King’s blades.1290 She asserts good title from the Trustees for the Sale of the King’s Estate in lieu of 50£ due her from John Humfrey senior.1291 And she attests to loaning the swords for use in Humfrey’s funeral in December 1651, following which Col. Humfreys, the son took them. More puzzling is the disclosure that Humfrey Jr. then sold the borrowed swords to

1288 Calendar of State Papers, Domestic, 1656-1657, 224, 331. This revelatory document of 1657 confirms the senior Humfrey’s employment at the Court of Wards, perhaps the same promised as an annual £400 pension as a Servant of the King’s Children. See “Ordinance for Pensions for the Servants of the King’s Children,” .Journal of the House of Lords, viii, 4 December 1645. It also establishes some significant details regarding Mary Humfrey. She was then (1) living in Ireland and (2) had several children, by whom it is not known. Furthermore she was (3) impoverished. In the five-plus years following John Humfrey’s death Mary had neither remarried to gentry or otherwise gained substantial financial support.

1289 A kneeling Major-General John Lambert (1619-1684) presented Cromwell with the civil sword, and later carried the Sword of State in the procession which opened Parliament in December 1653. A gentleman with royalist appetites, Lambert rose rapidly through the ranks acheiving success in battle and politics through his courage and charisma. His fear of absolutism spurred efforts for a written Constitution, but tangled alliances and ready support of Rule of the Eight Major-Generals, and refusal to take an oath in support of Cromwell after 1657 evoked ambitious self-promotion as Cromwell’s successor. Compelled to retire, he returned (at parliament’s bequest) to confront General Monck on the battlefield, whereupon his army deserted him. Escaped the Tower, but recaptured and tried for treason (1662), he was (like Napoleon) forced into island exile for the last 24 years of his life. “John Lambert,” Encyclopedia Britannica, 11th ed., xvi, 108-109. At Cromwell’s investiture as Lord Protector s in June 1657 it was Sir Robert Rich, Earl of Warwick, who bore the Sword of State in the procession, placing it upon the coronation table with gilt Bible and gold sceptre. Fraser. Cromwell. The Lord Protector, 615-616. At the Restoration, it fell to the reinvested 2nd Earl of Manchester, Edward Montagu, to welcome King Charles II to London on 29 May 1660 and bear the ceremonial Sword of State at his coronation. “Manchester Earls,” Encyclopedia Britannica, 11th ed., xviii, 543

1290 It is not known which of the King’s swords were in Humfrey’s possession. Three swords made for the coronation of Charles I in 1625 represented Mercy, Spiritual Justice and Temporal Justice. The Great Sword of State symbolized Sovereign (Royal) Authority. The swords continue to be used in current coronations.

1291 Humfrey senior was a member of the Committee that dispatched the King’s possessions. Stearns, The Strenuous Puritan, Hugh Peter, 338

258 this family.. the Council of State for 50£, the same amount due their owner. On 27 August 1657 the Council orders Humfrey to transfer to Baker the 50£, or if in default, that it be deducted from money due to him for service in Jamaica.1292 By November, as the Committee on America debates the issue of Jamaican arrears, Humfrey agrees to debit his account, afirming that the swords are indeed Baker’s and that she had been divers years out of her money.1293 In May of 1658 the Council finalizes the transfer of the sword to Crowell’s High Court: Col. Humphreys to deliver to the Sword Bearer appointed to the High Court of Justice the sword formerly the late King’s, and bought for his Highness’ use and paid for accordingly.1294

Humfrey Jr. In Flanders In June 1658 after an extended campaign, the combined forces of England and France oust the Spanish from Dunkirk. Awarded by treaty to England with a promise of religious toleration, the Catholic port.city resists a Puritan conversion. On July 11 Cromwell sends in troubleshooter Hugh Peter, but his meddlesome hubris compounds the problems of the military command, and he is rapidly returned to England.1295 Perhaps asssisted by Peter’s early zeal, the same month of July Humfrey accepts a commission as major1296 in Flanders directly under Lt.-Colonel Maurice Kingwell in the regiment of Colonel Roger Alsop.1297 But Alsop is notorious for his un-Puritan disregard of the Sabbath; and Kingwell, a great courtier, is overbearing and abusive towards his soldiers. Several other officers are famous drunkards. By summer of 1659, concurrent with

1292 Calendar of State Papers, Domestic. 1657-1658, 83

1293 Calendar of State Papers, Domestic. 1657-1658, 173

1294 Calendar of State Papers, Domestic. 1658-1659, 27. His Highness refers to Oliver Cromwell. The sword appears to be the notorious Sword of State, but perhaps it is another possessed by the King before his decapitation. [See prior note]

1295 Stearns, The Strenuous Puritan, Hugh Peter, 405-407

1296 As of September 1658, out of a total 43,500 mostly volunteer troops serving the Protectorate, some 1,500 were deployed by Cromwell in Jamaica and 6,600 in Flanders. While rank as major may seem a demotion for Humfrey considering his previous Colonel rating, commissions were based on political contacts, ability to raise troops, and needs in the field, as well as merit and prior service. Firth, Cromwelll’s Army, 35, n.3, 35-67. The promise of paid service in the face of debts and continued petitions for arrears may have been sufficient to enlist Humfrey’s service. See also Fraser, Cromwell. The Lord Protector, 109- 110; Kenyon and Ohlmeyer, The Civil Wars in England, 103-105, 108-11

1297 Abbott, The Writings and Speeches of Oliver Cromwell, iii (1653-1655), 817; iv (1655-1658), 306

259 ...Secretly Polluted a marked downsizing of the troops1298 and news of official degeneracy reaching the ears of Parliament, Humfrey returns to England.1299

“As Great an Enemy” In his last action of record, in late June 1660 Humfrey Jr. serves as witness to an oral codicil to Major-General Philip Skippon’s will.1300 In 1661 the administration of the Humfrey estate in New England is transferred from Humfrey Jr. to his younger brother Joseph.1301 Upon the Restoration, Humfrey’s long and devoted service to the Commonwealth and the Protector is a clear liability. In 1664 slave-trade provisioner Thomas Nicolls1302 petitions Charles II for a grant of the plantation at Ligonee,1303 in Jamaica, belonging to colonel

1298 From 1658 to 1659 the number of English troops serving in Flanders was pared from close to 10,000 to 6,600. In 1652 some 70,00 soldiers in arms contrasted with 29,000 on the eve of the Restoration, February 1660. Firth, Cromwell’s Army, 35

1299 Upon his departure from Flanders, Humfrey’s commission was assumed by Major Richard Pease. Firth and Davies, Regimental History of Cromwell’s Army, ii, 679-680

1300 Aylmer, The State’s Servants, 196, n65, 398, citing Will, Prerogative Court of Canterbury, 1660, 193 Nabb. Aylmer identifies Humphreys only as “a frequent commissioner and committee man of the 1650s.”

1301 Probate Records of Essx County, 1635-1664, i, 345-347, citing Quarterly Court of Essex, iii, 8-11, 106-107; iv, 71. With the Restoration in full swing and known regicides hiding in New England, Humfrey junior may have attempted to protect his father’s estate from adverse royal disposition. Or he may have by then died.

1302 When the joint-stock Royal Africa Company slave-trade company was formed in 1672 to monopolize the West Indies slade trave, Jamaica already featured 70 sugar plantations. Adventurer Thomas Nichols (Nicolls) was one of several London wholesalers supplying the company with export merchandise for the purchase of slaves. He served nine years on the corporate Board as Assistant from 1677-1679, 1682-1684, and 1687-1689. Davies, Royal African Company, 72. Plying the Guinea coast Royal Africa traders offered about £3 in merchandise for a slave in good health between the ages of twelve to forty. From 1673-1679 5,477 slaves were delivered to Jamaica fetching the investors £17 on a 1000 mile journey during which upwards of 25% were lost to starvation and disease. Dunn, Sugar and Slaves,229-238. £3 in 1672 was the rough equivalent of £334 today.

1303 The dry Liguanea (Ligonee) Plain lies at the southeastern end of Jamaica, projecting gradually from the shore of Kingston Harbour to the base of the enclosing mountain. Several officers took up land in the moist foothills including Lt. Colonel Henry Archbould (Archbold). In October 1655 Archbould was posted from one of the best plantations in the island to Col. Andrew Carter’s (deceased) regiment at Anaya where Daniel Howe was captain. In June 1656 Archbould was accused of sedition but cleared by Doyley as a sober, godly, and faithful man. Joined by his wife in 1660, his plantation prospered, and he served on the governing council for 5 years after the Restoration. Taylor, The Western Design, 67-68, 123; Firth and Davies, Regimental History of Cromwell’s Army, ii, 710-712

260 this family.. Humphryes Professing intent to transport and establish his own labor force, merchant-adventurer Nicolls asserts the plantation is free from any one’s just claim.1304 Marking his death about a year ago, Nicolls decries John Humfrey as great an enemy to his Majesty as he ever heard of.1305

End

1304 The transfer of Jamaican land to officers and soldiers was an attempt to (1) get the occupying force to feed itself; (2) gainfully occupy and divert wanton troops; and (3) redress troop back-pay claims. Likely Humfrey’s Jamaican plantation was established while still in Jamaica, but perhaps upon his later claim for arrears. Admiral Goodson remarked in June 1656 that officers resisted land transfer to private soldiers, considering rather that they should plant only as their servants. Taylor, The Western Design, 124

1305 Calendar of State Papers, Colonial (Series 5) America & the West Indies, 1661-1668 (part 1), No. 651, 185, citing Col. Papers, xviii, no.18, 1p. Nicoll’s petition is labeled Jamaica, dated in context Feb. 1 “1664?” This might suggest Humfrey Jr.’s death in late 1662 or 1663, a year or two later than suppositions based upon his brother Joseph’s assumption of administration of the senior Humfry’s New England estate.

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