The Scarf

Thomas Smith is my 8 times great grandfather and considered by some to be the son of George who was born circa 1610 in Hertfordshire, England. George Smith was among Reverend John Davenport and Theophilus Eaton’s company of Puritans, attributed to the founding of New Haven Colony in 1638.  Although no passenger list exists that actually mentions him, information gathered from several published sources states that Thomas was four when he sailed to Boston first, then on to New Haven Colony aboard the ship the Hector, with George. 

As a young man, Thomas was a blacksmith, a trade in great demand by the farmers of the newly formed plantations in the fast growing New Haven colony.

In 1662, Thomas married Elizabeth Patterson, daughter of Edward Patterson, a soldier in the Pequot War.  Edward Patterson was also one of the original landowners of the New Haven Colony and when he died, Thomas Smith inherited his land.  Since the English colonies had statutes regulating marriage, once a woman married her property, inheritance, and any wages she earned became her husbands. She went from being an unmarried woman, a feme sole, having the right to own property and make contracts in her own name, to a married woman, legally a feme covert.

As I searched through the New Haven Town Records, 1662-1684, I did not expect to come across an interesting court case involving Elizabeth and Thomas Smith.  It seems that Elizabeth was called to,
“A Special Particular Court Held At New Haven the 22^nd of August 1665”

What could this “special” court appearance be?

 

In her travels, it seems Elizabeth spotted a scarf along the road, gathered it up and brought it home.  Apparently, Elizabeth knew all along whom the scarf belonged to but did not reveal who the owner was to Thomas. 

Well it seems as if Elizabeth, who would have been twenty-one and married just three years, “knowingly concealed” another woman’s scarf!  Oh my, but Elizabeth did not stop there, she actually cut the other woman’s scarf into pieces and hid it away from her husband. 

What would possess a woman of such seeming high moral standards to act in such a devious manner?

Unfortunately for Elizabeth, the scarf belonged to the daughter of Abraham Pierson, the minister of Branford, who just happened to be married to John Davenport, Jr., the son of the Reverend John Davenport!  Hmm, could the reason behind the scarf incident have been jealousy or resentment towards Mrs. Davenport?  Was it a mere misunderstanding?   

 

There was some disagreement to what transpired after the scarf was found. John Davenport, Jr. insisted to the court that when he asked Thomas if he found the scarf, Thomas denied knowing about it.  Thomas declared that he was never asked about the whereabouts of the scarf.  The court accepted the Davenport’s account of what happened and the proceedings did not end well for Thomas and Elizabeth.

Poor Thomas confessed it was his “sin” and he “should have published it.” Elizabeth confessed that she did indeed know whom the scarf belonged to, hid the scarf from Thomas, and never told him where it was. 

  

The Smiths paid for their “sins” in court.  Thomas was sentenced to pay 35 shillings to Mr. Davenport for “ye scarfe, charges, and damages” and 20 shillings “as a fine to ye publike”.

The monetary punishment did not compare with the humiliation Elizabeth endured of being publicly chastised by the court.  



 



 "She was told of the evill of her Carriage, 
& that above her husband, & that it was 
to such a family to whom she stood soe 
much engaged."













 Sources:

 Dexter, Franklin Bowditch. "Att a Speciall Particular Court Held Att New Haven the 22nd of August 1665." Ancient Town Records New Haven Town Records 1662-1684. II. New Haven: New Haven Colony Historical Society, 1919. Print.

Savage, James. A Genealogical Dictionary of the First Settlers of New England, Showing Three Generations of Those Who Came Before May, 1692, on the Basis of Farmer's Register. 4. Baltimore: Genealogical Publishing Co, Inc., 1990. Print.


Torrey, Clarence Almon. New England Marriages Prior to 1700. Baltimore: Genealogical Publishing Co., Inc., 1985. Print.