Mercy Scollay’s Quest for Custody of Joseph Warren’s Children

In the spring of 1775, after war broke out at Lexington and Concord, a British garrison in Boston was surrounded by militia troops from all over New England. News of British reinforcements enroute made it clear that further violence was likely. Doctor Joseph Warren, a widower and one of the key organizers of the American rebellion, made plans with Dr. Elijah Dix, a colleague in Worcester, to place his children far from British reach under Dix’s care. A friend of his family, Mercy Scollay, accompanied the children as nanny.^[1] After Warren’s death at the Battle of Bunker Hill, Scollay made repeated efforts to gain custody of his children. Almost a century later claims arose that Warren and Scollay were engaged to be married, claims that persist to this day even though no evidence supports them.

Refuting inferential leaps taken by biographers regarding Warren’s supposed betrothal to Scollay requires a brief background of Warren’s family dynamics. Joseph’s mother, Mary, was widowed with four young sons and a large orchard and farm to manage in Roxbury, Massachusetts. She did not remarry.[2] In a letter to her youngest son and comments made by her grandchildren, she clearly loved her children and this love was reciprocated.[3] By all indications Joseph Warren had a close relationship with his mother and younger brothers—especially Jack, who lived with Joseph for two years as his medical apprentice. Jack was with Joseph when his wife Elizabeth died. A poem and Latin epitaph, probably written by Joseph, reveal profound grief.[4] Following Elizabeth’s death, Mary cared for her grandchildren.[5] Though widowers in the eighteenth century often quickly remarried out of necessity, Joseph Warren did not. He had a large medical practice and apprentices to train. His activity in leadership of the Patriot cause was consuming as were his Masonic responsibilities as Grand Master of North America.[6] Warren was known and respected and—though a most eligible bachelor—there is no indication he was interested in remarriage at the time of his death.

Warren was physician to the Scollay family. Mercy Scollay made numerous medical visits to him and was always charged.[7] In 1775 she was thirty-four, never married, and lived with her parents. She used a crutch, indicating a physical disability.[8] Scollay’s father, John, was a Boston selectman and Warren’s friend. Although many Whig families left Boston after the outbreak of war, Scollay’s parents remained.

Accounts of Warren’s supposed betrothal to Mercy Scollay were first made in 1853 by James Spear Loring with no cited documentation. In 1865, Richard Frothingham’s biography of Warren quoted Loring’s undocumented claim. John Cary expanded the legend in 1964 citing a letter from Scollay to John Hancock in which there is no mention of betrothal.[9] The discovery of letters written by Scollay offered new information to contemporary biographers Samuel Forman and Christian DiSpigna.[10] By using brief portions of Scollay’s letters, suppositions were made to expand the tale of betrothal and champion Scollay’s attempts to take custody of Warren’s orphans from their grandmother and uncles. Reading Scollay’s letters in fuller context of the people written about and an understanding of the historical setting offers a different perspective. The basis for Scollay’s claim to custody of the children seems to be that she believed herself “religiously bound” by promises she claimed to have made to Warren, rather than because of betrothal to him.[11]

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Upon learning of Warren’s death, Mercey Scollay asserted custody of his orphaned children. There is no known account of Warren giving Scollay legal custody of his children or of any binding relationship acknowledged by him. Her animosity for Warren’s mother, brothers, and extended family was indicated only two months after his death when she wrote, “I’ve not been to Roxbury and believe I shall not attempt it … I think my dear little girls too valuable to risque for the sake of seeing those who care so little for them.”[12] Scollay’s statement that Joseph’s family had little concern for the children seems to distort reality and demean the very individuals whom he trusted and loved.

Scollay put forth a pretense of importance in a letter to Dr. Dix: “since I came to Town Dr Bulfinch waited on me.” She implied that Thomas Bulfinch sought her out to discuss his proposal to open a smallpox hospital before presenting it to the General Court. Scollay, a spinster, claimed to have had the personal attention of prominent men such as Bulfinch, John Hancock, Samuel Adams and John Adams. As a Boston selectman her father was well acquainted with these men, yet she never mentioned him in regard to these contacts. It seems more likely that Bulfinch went to Selectman Scollay to discuss the hospital. In the same letter Scollay wrote, “I impatiently long to see the dear little ones and have papa’s and mama’s promose that I shall; but they think I ought to wait till the young Philosopher has been to see me which he has not yet done.” The “young Philosopher” would have been a therapist of sorts.[13]

In Scollay’s May 10, 1776, letter she related to Mrs. Dorothea Dix that she told Joseph’s brother, Dr. Jack Warren, she “was greatly hurt by an insinuation of his Brothers to your husband, that my anxiety respecting the children might be owing to my haveing no place to be at myself.” This indicates that Jack’s brothers, Eben and Sam, went to Dr. Dix and seemingly voiced concern that Scollay, being a spinster who relied on a crutch, may have given up hope for children of her own and perhaps was attempting to latch onto Joseph’s orphans to fill that void. If she could convince Warren’s friends that her claim of custody was true she could obtain sources of income to raise the children through the potential of money from Congress and donations from Warren’s friends. Oddly, Scollay ended her lengthy, fraught account of Jack’s visit with, “we parted good friends.” It appears Jack thought they did. The Warren family now seemed to empathize with the pain Scollay felt and invited her to be part of the children’s lives. There is no indication that the Warrens ever doubted her love and concern for them—only her claim to custody.

Eleven days after speaking to Jack, Scollay sent a letter to John Hancock disparaging the Warren family. Scollay wrote, “Will Mr. Hancock permit an obscure friend to intrude upon him. . . . Shall I give you a little History of myself since I saw you, then ask your advice, and solicit your assistance?” This question was followed by five pages of dramatic scenes of the Warren orphans being taken from her by their uncle Eben; her great emotional suffering; disparagement of Eben and his mother with accusations of neglect; and schemes to have the children in her permanent care. Scollay wrote, “I offered to take youngest immediately as my own.”[14]

This letter was written months after the children went to live with their grandmother. In that time Joseph’s family had gone through the gruesome task of locating his body and arranging a proper burial.[15] They had worked at settling the children. They dealt with the perplexity of Joseph’s debt. And Mary Warren had to deal with the emotions of sending another son off to war.

Scollay’s complaint to Hancock of the orphans’ grandmother and Uncle Eben was,

They have had no schooling since they left me, and Josey tho’ eight years old can little more than tell his letters, his uncle told me he had provided a school for him at Roxbury but . . . he cries when his grandmother mentions anything to him about going and the old Lady’s misplaced fondness is such that she can’t bear to grive him and he takes advantage of that weakness and I’m afraid will not be prevailed on to pursue any studies . . . . My wish is this; tell me if I’m right . . . the little folks may be brought to Boston, Josey and Dicky placed with some school master where I can often see them and know what progress they make—the two little girls I would wish to have under my care”[16]

Josey and Dicky, ages eight and six, had gone through a great deal of turmoil and heartache. Yet, Scollay proposed these young boys be taken from the support and comfort of their family and be placed in the home of a school master. Their grandmother understood the importance of a good education. Both Joseph and Jack attended Harvard (Jack did not read until the age of ten).[17] Perhaps she was giving Josey time to heal emotionally. If what Scollay was stating about Josey missing school was true, it did not last. He would go on to attend Harvard.[18]

Scollay wound down her letter to Hancock with, “nothing I should think too hard a task for the service of those dear Children and look on myself religiously bound by the promises I made my Friend that in case he fell a victim to the rage of Power I would be the Protecteress of his little offspring.” Did Scollay really make such promises? If so, were they made prior to her accompanying the children to Worcester, perhaps to assure Warren she would be a responsible nanny? She failed to relate Warren’s response, if there was one. Scollay not only involved Hancock through this letter, but requested that he share it with Samuel Adams and John Adams: “ask their advice in conjunction with yours.” There is no known response from Hancock.

The Warrens probably did not know about Scollay’s debasing letter to Hancock. When the smallpox inoculation was offered in Boston, Mary Warren placed the three youngest children in the care of the Scollays. The oldest child was placed in the care of Elizabeth Miller, a family friend.

In Scollay’s July 27, 1776, letter to Dorothea Dix a familiar name appears: “[Elizabeth Miller] has taken Sally Edwards who may (you know I was so concernd about) to live with her and has already learned her to be as impudent as herself and the little hussy treated mama . . . in the most saucy manner you can conceive.” Is this the Sally Edwards that some biographers claim bore Joseph Warren an illegitimate child in June 1775? According to Dr. Ames, Edwards left his home two months before Scollay’s letter.^[19]

Scollay’s vilifying letter to Dix dated December 9, 1776, exposes her arrogance:

I have been to see my little ones twice since I came home and found them well and as glad to see me as ever; the last time I was there the old lady beg’d me to come and spend two or three days with her for she had got a great deal to say to me, and I found out afterwards by Sarah that the old lady has been in a great deal of trouble, owing to that wicked woman and the Miss Minots who are her confederates, and they have made that little vixen of a girl, Sally Edwards the instrument of their Malice . . . Betsy is still permitted to remain there and under the tuition of madm and her chamber maid is taught to dispise her pious Grandmother.

The identity of this Sarah is not known. The “artfull” and “wicked woman” is Miller, and now the “Miss Minots” are labeled as her “accomplices” and “confederates.” The Minot family was known and respected in Boston. When the Warrens needed a place to bury Joseph, the Minots offered their family tomb.[20] There is no supporting evidence of Betsey Warren being taught to “dispise her pious Grandmother.”

A letter written to Jack Warren by Elizabeth Miller within days of Scollay’s aforementioned letter relates a very different view:

Sir—it is with pleasure I inform you, your niece Betsey is with me. She was inoculated for the small-pox fourteen days agone, and is likely to have it very light. It was with some difficulty I was favored with her company, as Miss Scollay thought it most proper to take her herself. While in my family, she shall be treated with all the tenderness in my power. I have sent repeatedly for the children to come and see me, but am denied, and shall not repeat the request. I hear they are not to return to Roxbury, but to board at Mr. Scollay’s. Should that be the case, I don’t expect ever to have the pleasure of seeing them. However, if this is for their good, I desire to submit. I had thoughts of keeping Betsey this summer, if agreeable to you and her friends at Roxbury, to go to school, and fixing her up in a proper manner, as she is in want of many things. I have not forgot the last words of your dear brother, concerning the children[21]

Miller indicated Joseph spoke with her about his children shortly before his death. Her written concern for the well-being of the three youngest children and expression of sadness in not being able to see them reveals an attachment to the family. Miller also exhibited a familiarity with Jack in the informal closing signature, “Yours, Betsey Miller.”

Scollay’s descriptions of Sally Edwards imply that she was young. Is Scollay’s use of the word hussy an indication that she knew or heard rumors that this girl had a baby? If so, Scollay offered no mercy for the victimization of Sally. Scollay requested that the contents of this letter remain secret—why? “This letter must be read only by you, and your other self in confidence, because there is many things between us which is of no consequence to anyone, that dont love me so well as I flatter myself you doo”

On March 18, 1777, Samuel Adams wrote a letter to Scollay exposing her scheme to have Betsey Warren placed with her, and validating Miller’s friendship with Joseph.

I admire your Fidelity to our departed Friend, discovered in your unceasing Anxiety for the Education and future Well-being of his Children. A few Days before I left Boston in October last, I had an opportunity of conversing with one of the Mr. Warrens upon the subject. I told him what we had proposed for Miss Betsy; but there seemed to be a Difficulty in removing her from the place where she had been invited to live, upon the Love of Friendship to her late father and had been treated with so much civility and kindness[22]

In July 1777, Dr. Jack Warren accepted a post to oversee the military hospital in Boston. He married in November. The newlyweds took the orphans of his brother into their home.[23]

On August 6, 1778, Gen. Benedict Arnold wrote that he sent $500 to Scollay for the two youngest Warren orphans who were in her care when Jack Warren was called to military duty and his wife was ill.[24] There is no known reference of whether Scollay passed this money on to the Warrens, nor has it been established if Scollay initiated contact with Arnold to seek the funds. Arnold continued sending money totaling 2,909.9 sterling.[25] Scollay’s July 2, 1780, letter to Arnold stated, “as I don’t presume upon any further supplies from you personally I have given up the little boy to his uncle . . . the little girl is still with me and as her schooling is paid for the ensuing quarter, I shall keep her till that time expires.”[26]

Scollay’s subsequent letters make no mention of the Warren children. A copy of her letter to Hancock is included in the Hancock papers. The original is in the Warren papers. Might Hancock have given the letter to Jack Warren? Perhaps the Warrens became aware of Scollay’s attacks on their character and manipulative behavior reflected in the letters through Hancock. Seemingly, the Warrens did not make a public issue of Scollay’s ploys to gain custody of the children. For years they allowed her to be part of the children’s lives. Even Jack Warren’s youngest child, Edward, may not have been aware of the tumult Scollay caused in the five years after Joseph’s death.[27] In October 1781, Jack Warren obtained legal guardianship of the children. His brothers Eben and Sam signed the documents as well.[28]

After the death of her parents, Scollay went to live with her brother-in-law and sister, Rev. Thomas and Mary Prentiss. She lived to be eighty-four. Perhaps the state of her mind is best expressed in her own words written on March 14, 1791: “affliction is no novelty to me whose whole life has been subject to corporeal or mental disquiet—”[29]

[1] Richard Frothingham, Life and Times of Joseph Warren (Little, Brown, & Company, 1865), 473-475; Christie’s Auction Catalog, June 9, 1999, Joseph Warren to unnamed recipient, April 10, 1775, www.christies.com/en/lot/lot-1522597; Mercy Scollay, Mercy Scollay Papers, 1775-1824, History Cambridge, April 26, 1776.

[2] Frothingham, Life and Times, 7-8; First Church in Roxbury, Register of burials (record book) 1774-1862, No. 1. bMS 626/4 (8), Andover-Harvard Theological Library, Harvard Divinity School. Seq. 124.

[3] Edward Warren, The Life of John Warren: Surgeon-General During the War of the Revolution (Noyes, Holmes, and Company, Boston, MA, 1874), 5-6; Rebecca Warren Brown, Stories of General Warren (James Loring, Boston, 1835), 15-19.

[4]John Cary, Joseph Warren: Physician, Politician, Patriot, (University of Illinois Press, 1964), 122-123; Boston Gazette, May 3, 17, 1773.

[5] Frothingham, Life and Times, 542.

[6] Cary, Joseph Warren, 59.

[7] Joseph Warren, account book, May 4, 1774-April 1775, John Collins Warren papers, Massachusetts Historical Society (hereafter referred to as MHS).

[8] Scollay, Mercy Scollay Papers, May 10 and December 10, 1776.

[9] James Spear Loring, Hundred Boston Orators (John P. Jewett and Company, 1853), 49; Frothingham, Life and Times, 543; Cary, Joseph Warren, 217

[10] Scollay, Scollay Papers, 1775-1824. Samul Forman, Dr. Joseph Warren: The Boston Tea Party, Bunker Hill, and the Birth of American Liberty (Pelican Publishing Company, 2012). Christian Di Spigna, Founding Marty: The Life and Death of Dr. Joseph Warren, the American Revolution’s Lost Hero (Crown, 2018).

[11] Mercy Scollay to John Hancock, May 21, 1776, 6, Microfilm edition of the Hancock family papers, reel 2, Massachusetts Historical Society.

[12] Scollay, Scollay Papers, August 17, 1775.

[13] Scollay, Scollay Papers, April 26, 1776; Amy M. Schmitter, “17^th and 18^th Century Theories of Emotions,” The Stanford Encyclopedia of Philosophy (Summer 2021 Edition), Edward N. Zalta (ed.), plato.stanford.edu/archives/sum2021/entries/emotions-17th18th/.

[14] Scollay to John Hancock. This letter would have been received in June 1776, when Hancock and the Adamses were dealing with the horror of what the colonies were facing, overseeing the writing of the Declaration of Independence and preparing for its potential consequences in Europe.

[15] Frothingham, Life and Times, 522-523.

[16] Words underlined by Scollay.

[17] Warren, John Warren, 11.

[18] Frothingham, Life and Times, 545.

[19] Robert Brand Hanson, ed., The Diary of Dr. Nathaniel Ames of Dedham, Massachusetts, 1758-1822 (Picton Press, 1998), 307.

[20] Frothingham, Life and Times, 524.

[21] Warren, John Warren, 84-85.

[22] Samuel Adams letter to Mercy Scollay, March 18, 1777, Miscellaneous Manuscripts, MHS.

[23] Warren, John Warren, 167; Frothingham, Life and Times, 545.

[24] Warren, John Warren, 178-185.

[25] Benedict Arnold to Dr. David Townsend, August 6, 1778. David Townsend Papers, 1775-1781, MHS.

[26] George Washington Papers, Series 4, General Correspondence: Mercy Scollay to Benedict Arnold, July 7, 1780. Manuscript/Mixed Material, www.loc.gov/item/mgw424233/.

[27] In his biography on his father, Edward Warren seems to follow the lead of Loring and Frothingham regarding Scollay and states: “She is said to have been betrothed to him, at the time of his death.” Edward was the nineteenth child of Dr. John and Abigail Warren. He was only eleven when his father died. By the time Edward was twenty, his grandmother, Warren uncles, and the three eldest children of Joseph were dead. The youngest child, Polly, likely had no memory of her father. Polly was in Scollay’s care until the age of eight. What influence Scollay’s persistence for custody and possible stories may have had on Polly’s young mind is unknown. Edward was seventy when the biography of his father was published. Warren, Life of John Warren, 87, 424.

[28] Suffolk County, MA: Probate File Papers, Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2017-2019, (From records supplied by the Massachusetts Supreme Judicial Court Archives. Digitized images provided by FamilySearch.org), 17584:1-17587:3, www.americanancestors.org/databases/suffolk-county-ma-probate-file-papers/image?pageName=17584:1&volumeId=48700&rId=1416907270.

[29] Scollay, Scollay Papers, March 14, 1791.