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Archiver > WHITNEY > 2000-12 > 0977300700
From:
Subject: Re: [WHITNEY-L] Oddity for the WRG
Date: Wed, 20 Dec 2000 03:25:00 EST
Dear Carolyn:
Let me first tackle the question of which Benjamin. The only one that I can
find that seems to fit the proper time frame is the Benjamin Whitney born 22
May 1709 in Sherborn, Middlesex, MA, to Benjamin and Hester (Maverick)
Whitney, i.e., Benjamin-4 (Benjamin-3, Benjamin-2, John-1). It is a curious
coincidence that the charge of fornication was brought in the Feb 1731/2 term
of court, and this Benjamin was married in Watertown to Margaret Sanderson
either the 21st or 24th of February of 1731/2. I suspect, but cannot prove,
that somehow they got caught having conjugal relations early, and either were
hurriedly married or were already scheduled to get married and got caught
jumping the gun. The problem with this is that the Benjamin of the Worcester
County charge is given as being "of Lancaster" and this Benjamin seems to be
"of Framingham." The marriage cited above took place in Watertown, but is
shown in the Framingham VR's, and the three children I show for the couple
were all born in Framingham. I would be delighted to receive other ideas for
the identification of the Benjamin of Lancaster shown in the court notice.
Now, for your other questions. I don't think it is likely to have been for
rape. That would have been treated as a more serious criminal charge.
Fornication as a crime is our Puritan ancestors applying their religious
strictness to a social matter by making it a crime. The fine of twenty
shillings was a substantial one, make no mistake. My understanding of the
time period, however, would be that a rape would have been punished by a more
severe penalty.
A husbandman would have been a farmer. Being bound over by way of
Recognizance would mean, I understand, that he pledged in a lower court
before the cited Mr Justice Wilder, to appear in this (the proper) court to
be sentenced for being Guilty of this offense. That sounds to me like he
admitted guilt to the lower court judge, and was bound over to the higher
court for sentencing. Own Recognizance is a legal term that simply means
that the defendant promises to appear at a specified place and time, without
having to post a bond of any kind to guarantee that appearance.
I hope this helps to clarify the previous posted notice.
Happy Hunting!
Allan E. Green
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