| Notes |
- From Margery Freas.
On 2 Mar 1651/1652 Mercy Tubbs was warned to appear "to answer for mixed dancing for which she was cleared by admonition". On 3 Oct 1663, she was fined 50 shillings as was Joseph Rogers for "obsean & lacivous behavior each with the other." Rogers lost his status as Lt. at the time but the court reestablished it on 6 Jun 1664. On 8 Jun 1664, William was allowed to "disown all debts that she (Mercy) shall make". On 3 Jun 1668, the court wrote to Mercy in Rhode Island to inform her that if she didn't return to her husband before the first Tuesday in July, then William would be divorced from her.
One Joseph Rogers in June, 1663, was ordered to removed his dwelling from Manassakeesett, because he had been keeping company with Mercy Sprague Tubbs "in a manner as have given cause at least to suspect that there hath been lasiviouse acts commited by them". Rogers was threatened with severe whipping if he were found near Mercy or the Tubbs' house again. William was ordered not to allow Rogers to come to his house. A Joseph Rogers (1607-1678) was a Mayflower passenger, died Eastham, Jan 1678. He was a freeman, 1633, and ran the ferry over the Jones River. Joseph has a son, Joseph, Jr., who was killed 1660. No knowledge if this is the Joseph with whom Mercy Sprague Tubbs is accused of consorting. Joseph, Sr., was a son of Thomas who died soon after landing.
From Paul Earl, correspondent.
I found some original court transcripts about Mercy Sprague. Very racy stuff for the 1600s! I wonder why Joseph Rogers was threatened to be whipped instead of Mercy. I thought in those days, the punishments primarily fell upon the woman...the scarlet letter etc.
I wonder if it had anything to do with her family being one of the wealthier ones in New England. If so, it may have played a part in William Tubbs' difficulty in getting a divorce.
Mar. 1651/2 Mercy was before the Court "to answare for mixed dauncing". She was cleared of this charge with an admonishment (PCR III-5). At Court held 3 March 1662/3 Joseph Rogers "complaineth against Rebeckah and Allice Pierce" asking for damages of £20 for saying that he and Mercy Tubbs were seen lying under a blanket. However Joseph did not appear when the case was called and was non-suited. Therefore it seems the gossip was factual. At the next session of Court, 1 June 1663 "the Court being informed that Josepth Rogers of Namasakeesett hath frequently and from time kept companie with Merceye, the wife of William Tubbs, in a way and after such a manor as hath given cause att least to suspect that there hath been laciuiouse (lascivious) actes committed by them, the Court . . . hath required (him) to remove his dwelling . . . and that if att any time he shall bee taken . . . in companie of the said Merceye Tubbs . . . he shall (be) seuerly whipt." (PCR IV-42)
Not daunted, the couple persisted. So at October Court "Wee present Josepth Rogers and Merceye Tubbs, for that they were both lyeing together one night on a bed, under a rugg, before the fier; and also the same Merceye Tubbs for that att another time she carried vnseemly in the presence of Josepth Rogers." The jury gave a verdict of true presentment (guilty). Joseph and Mercy were each heavily fined. Mercy apparently left home at this time. Shortly thereafter William Paybody (Peabody) granted William a divorce, but the Court overruled him 8 June 1664, fining Paybody £5 for making a writing regarding William Tubbs marriage vows". (PCR IV- 66) At the same Court session William published, with regard to Mercy, that he was "disowning all debts that shee shall make vnto any from this time forward." (PCR IV-66) John Arthur was in Court 1 August 1665 "for entertaining the wife of one Talmon and the wife of William Tubbs". (PCR IV-104)
William periodically petitioned for a divorce until 3 June 1668 when his pleas were recognized and notice sent to Mercy through the government at RI, where she was living, to return to William or lose all rights and claims against him. (PCR IV-187) Her negative reply was received by 7 July 1668 and the Court that day gave William his divorce. "Mercy have for four years and upward" absented herself. (PCR IV-192)
William Tubbs & Mercy Sprague
Note from Glen Atwell, correspondent, note of September 20th, 2005
I am Glen Atwell, a descendent of Mercy Sprague (Francis Sprague):
I have my results from Genographic showing MY DNA (Male wont show the Sprague female lines)
IT Maybe of interest to people in the DATABASE to share their information. (Especially with Mercy's history of non-Puritian activity with other men) and I am willing to share my information on sites set up for public study.
I understand our distant cousins with the Waite\\Wait\\Wyatt are already doing so with links to other DNA testing facilities.
It can be as complex as you wish or simply it could be stated that perhaps RICHARD ATWELL is a R1b
(Most Common European origins) or a more complex sub grouping as below.......
MY DNA is done by Genographic. MY ATWELL male line is close to your own families in that the descendents of Benjamin Atwell of New London Ct in 1664 (My Direct line) are R1b West SAXON race.**
The Atwells in Virginia are K and so are not related.
**Anglo-Saxon Sub-Clade of R1b:
This sub-clade will have values of 23/11 at DYS markers 390 and 391. If one's known ancestry is in the British Isles and one has R1b of this sub-clade, the odds are tilted against that being an "indigenous" R1b and toward being a NW European continental R1b brought to the British Isles by one of the historic invader/immigrant groups from Brussels, Holland, NW Germany, and Denmark. This tilt should be incorporated into all the other surname and related information you have about origins of your R1b. This represents Anglo/Saxon England populations after the Roman occupation ended in 410 AD but before the Norman/Viking populations in the early 1000's BC.
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Abt 1617 - Aft 1668 (~ 52 years)
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