USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1 > Part 41
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4. THAT somthing be allowed yearely to any godly Congregational Minister who shalbe willing to settle in that place.
5. THAT my Trustees take care of my beloved wife to give her counsell as shee necd, and help her as far as they can in the quiet Injoyment of her estate and receiveing of her rent.
6. THAT the Trustees meete twice a yeare at least, as often else as they can or is necde and that they bee allowed what is meete for cach meeting.
. 7. THAT they allow annually as they shall thinke fitt to a godly Congregationall Minister qualified as aboue for his further Support.
8. That every quarter of the yeare one sermond be preached to instruct the people in Boston in Church discipline according to the word of God and such competent allowance be given to each of them as my Trustees shall iudge fitt or sufficient.
I declare this to bee my last will & Testament and hereby null aney other. Richard Bellingham & a seale Signed & Scaled in the prsenee of vs
6 [Anthony Stoddard was a member of the First Church of Boston, an inhabitant since 1639, and at his death, Marclı 16, 1686/7, " the ancientest shopkeeper in Town." (Sewall, Diary, i. 170.) For nineteen years in succession he was a deputy to the General Court, " no man having ever been so often chosen for Boston to our days." He was a " foremost oppo- nent of the intermeddling Randolph." See 5 Coll. Mass. Hist. Soc., v. 170 note.]
397
GOVERNOR BELLINGHAM'S WILL
CHAP. VIII]
This eight & twentieth of November
Sixteene hundred seaventy two.
Augustin Lyndon William Killcupp
Edmund Ranger.
At a meeting of John Leverett Esq" Dept Govr with Edward Tyng Esqr & William Stoughton Esq' Assist Decembr 19th 1672. Augustin Lyndon William Killcupp and Edmund Ranger made oath that they set their hands as witnesses to this Instrument and saw the late Governer Richard Bellingham Esq" on the day of the date of it, signe seale and publish it as his last will and Testament and that when he so did he was of a sound disposing mind to the best of their vnderstanding, this was then done.
As Attests Isaac Addington Rec! 7
To a copy 8 of the will probably used in England, is appended the following:
" Whereas ye Late Honnrd Gov" Bellingham hath inserted my name among the Executors of his Last Will and testament this is to declare that in Answere thereto yt altho J account it duty & shold gladly attend the discharge of any seruice or any testimony of honior (within my small capasity) to so worthy a person & good a worke : yet ye consideracon of my distant habitation in conection wth that spetiall worke wherewith J stand charged; do bespeake a prouidentiall countermand to my casting in of my Small mite in the attendance thereof and necessitate mee to a non accept- ance of ye same web J testifie by my name subscribed who am
y" worps euer to Comand John Russell 9
Boston Octo : 29th 1673 Acknowledged the Same Day before vs John Leverett Go! William Stoughton Assist Recorded & compared 31 : 8br 1673 { ffree Grace Bendall Rec."
7 [The following additional endorsements appear, -
" This is a true Coppie as Attests Jsaac Addington Cleric - This be- fore written is a true coppie, of the aforesaid attested coppie, left on file amongst the Records of the Comissioners Court held at Boston the 3 of June 1673 in the case of Capt Edward Hutchinson against Blake and out thence drawne & examined the 20th day of August 1673 p Robert Howard Cleric Cur Comiss." Chamberlain MSS., i. 11. This copy, dated within a few months of the Governor's death, was for use in an appeal to the Court of Assistants. Infra, chap. ix.]
8 [This copy has not been found among Judge Chamberlain's manu- scripts. See Suff. Prob. Rec., L. 7, f. 275, for the above resignation. It is there recorded on the margin of record of the Governor's will.]
9 [Rev. John Russell was pastor at Hadley 1660-1692. The regicides, Colonel Whaley and Colonel Goffe, were in concealment, it is said, at this time in his parsonage. Hutchinson, Hist. of Mass. (ed. 1795), i. 200; George Sheldon, Introduction to Judd's Hist. of Hadley, etc.]
398
HISTORY OF CHELSEA
[CHAP. VIII
To a much later eopy of the governor's will, apparently used when litigation concerning it was renewed, and perhaps to influence the result, is appended the following paper,10 dated the day on which the will was probated.
" Whereas there seemes to bee some Shortness in expression - in the will & Testament of the late deceased Riehard Bellingham Esq! eoneerning what hee both formerly (& at the time alsoe of his making of his last will bearing date Novemb! twenty eight Sixteene hundred Seventy & two) jntended to Settle on Mrs Penel- ope Bellingham his beloved Reliet; as appeares in that hee then deelared it to bee his will that she should haue a full third part of his Estate; which in the will is saide to arise on the rent's of a ffarme at Winnisimet, in which Nieholas Riee is now Tenant, & the profit's of the house & adjoining ground's at Boston; which seemes not to amount to her thirds; And alsoe for that before Marriage with his saide wife, hee did in the presence of good & substantiall Witnesses & vpon a marriage consideracon as wee are jnformed, give & Settle as in way of jointure on her, ye ffarme at Winnisimet, on which Samuel Townsend is now Tenant; which yeildeth a greater rent then the other & soe makes good the widow's third's : There being alsoe a power given by the saide Will to m! John Oxenbridge, m! James Allen & m" Anthony Stoddard of Boston & m! John Russell of Hadley as ffeoffes in trust or Exeeu- tor's or any three of them not onely for paiment of Debt's & Lega- eies, but for distribution of a greate part of the Estate aeeording to theire diseretion & judgment
It is therefore Agreed between Mrs Penelope Bellingha widow or Reliet to the abovesaide Riehard Bellingham Esq! deceased & the saide M: John Oxenbridge m' James Allen & m! Anthony Stoddard as feoffes in trust or Executors That the saide mes Penelope Bellingham shall from the day of the date hereof Enter vpon, haue, possess & enjoy for her third's of her late husband's Estate, during her naturall life, the house wherein hee lately dwelt in Boston, with the Shop's, Stable, outhousen yard & land adjoining & sueh of the house- hold good's, furniture & Lumber therein & thereunto belong- ing as is fit for her use, And jnstead of that ffarme which Nicholas Riee holdeth, she shall alsoe for her life haue the whole ffarme, on which Samuell Town'send now Liveth at
10 [Recorded Suff. Prob. Rec., L. 7, f. 276. The copy of the will referred to in the text proves on examination an uncertified copy of a copy made by "Paul Dudley Regr " of Probate for Suff. Co.]
399
GOVERNOR BELLINGHAM'S WILL
CHAP. VIII]
Winnisimet; which ffarme & houses & Land's, & the Rent's & profit's thereof shalbee to the onely use & behoofe of the saide m!$ Bellingham & at her sole & free dispose for & during the time & terme of her Naturall Life (onely shee shall not make strip & waste thereof) & after her decease to revert & return to sueh vse as in the above mentioned will is provided & ordered. In Witness & eonfirmacon whereof the above meneoned ffeoffees or Executors haue hereunto jrrevocably set theire hands & fixed theire Seales this nineteenth day of Deeemb" Anno Dni. one Thousand six hundred seventy & two.
John Oxenbridge & a Seale James Allen & a Seale. Anthony Stoddard & a Seale.
Signed Sealed and Delivered in presence of us the word's (such of) & the word's (as is fit for her use) being interlined before Sealing & the words (as we are jnformed) & (seemes to) & (such of) George Corwin Isaae Addington mª John Oxenbridge & m! James Allen & m! Anthony Stoddard acknowledged this jnstrumt to bee theire aet & deede before us Jnº Leverett depy Gov! Edward Ting William Stoughton.
Recorded Deeemb! 26th 1672 } Isaae Addington Cler
To the copy printed in the New England Genealogical Register,11 is appended : -
" Nota? The Saying of the Revd Mr James Allen, one of these Executors, is as followeth. The Reason the Gour gaue me (when he d'd his will to me written with his own hand which was in the yeare 1670, after his son died (by his last wife) Mr John Bellingham whome he designed his Heire) that his Son Samuel had two hundred a yeare of his Estate and fifteen hundred pounds a yeare befalled him (there being thirteen p'sons liues between him and it, which were all deceased without heires), & he will trust none to take up for him, and never Come to take it, if I leaue it him, besides he will giue it away for a Song, therefore I will dedieate it to God; and benefitt of this Contry. He also told me he was p'swaded he would not suffer his Daughter to marry, so he should haue no posterity of his owne." 12
11 Vol. xiv. 237. [The date and ownership of this copy is unknown; but see infra, pp. 540-543.]
12 Hubbard, the historian, says of Governor Bellingham: " He had been bred a lawyer, yet turned strangely, although upon very pious considera- tions, as some have judged, out of the ordinary road thereof, in the
400
HISTORY OF CHELSEA
[CHAP. VIII
Governor Bellingham's will was dated November 28, 1672; he died December 7th, as has been said, and on the nineteenth his will was probated. As the estate in the trustees was a remainder after the deccase of persons then living, apparently there was nothing for thein to do but wait the happening of that event.13
But Mr. Richard Wharton,14 attorney for Samuel Belling- ham, the governor's son, was suspicious that James Allen, .
making of his last will and testament, which defect, if there were any, was abundantly supplied by the power of the general court, so as that no prejudice did arise to his successours about his estate." 2 Coll. Mass. Hist. Soc., vi. 610. [Hubbard was a classmate of the son, Samuel Bel- lingham, at Harvard College, 1642. Governor Hutchinson wrote: "Mr. Bellingham died December 7th, 1672. He lived to be the only surviving patentee named in the charter. It is always mentioned as a part of his character, that he hated a bribc. He was bred a lawyer, but, like some much greater lawyers, made his last will and testament in such a manner, that after some years dispute, the general court thought it necessary to supply the defects of it, by making a disposition of his estate themselves. (Some controversies occasioned by it have lasted more than a century .. ) " Hist. of Mass. (ed. 1795), 247 note.]
13 [According to the will, the rents of two farms were given to the daughters of Colonel Goodrick " so long as they shall haue vrgent necd." From the beginning the trustees were to manage these farms at least, and send the rents merely to England.]
14 For some account of Richard Wharton, of whom we shall hear much in connection with the Bellingham estates, see Savage, Gen. Dict. " Some- thing may be inferred of his social position from the fact that his three wives were daughters of the most important men in New England. About 1659 he married Bethia, the daughter of William Tyng, one of the wealth- iest men in the colony; after her decease he married, in 1672, Sarah, daughter of Rev. John Higginson, of Salem; and after her death, which occurred on the eighth of May, 1676, he married [in 1677] for his third, Martha, daughter of the second John Winthrop, the Governor of Con- necticut Colony." (Shurtleff, Boston, 684.) [He was a merchant in Boston engaged in foreign trade, active in the courts as an attorney, and a partner in many business and land ventures. In 1686 he was ap- pointed a member of the Council of President Dudley, having been recom- mended by Edward Randolph. He served on the Council of Governor Andros, but opposed both Randolph and Andros. He sailed for England in July, 1687, to secure a patent for mines and for some Narragansett lands. He joined the agents of Massachusetts in representations to the King, and died in London May 14, 1689. (Sewall, Diary, i. 255.) His estate was much involved at his death, and his daughters kept a small store in Boston. Sarah married John Cotta. See letters from Wharton in 6 Coll. Mass. Hist. Soc., v. 9-18, 25; also 5 Coll. Mass. Hist. Soc., ix. 112; 6 Coll. Mass. Hist. Soc., iii. 466, 467; Sewall, Diary, i. 182; N. E. Hist. and Gen. Reg., xxxvii. 270; Prince Society Pub., Randolph Papers, ii. 33, 50, 79; iv. 44, 114, 115, 162, 221, 244, 279.]
1
401
GOVERNOR BELLINGHAM'S WILL
CHAP. VIII]
the governor's pastor, had influenced him to make a will un- favorable to his son. These suspicions he bruited abroad before the governor's death,15 and a few weeks after set them forth formally.
Richard Wharton's Deposition 16
Richd Wharton of Boston aged about thirty six years, maketh oath yt a [bout].17 nine or tenn dayes befr Gov'n' Bellinghams death, the deponent meeting with mr James Allin at the End of the Street where they both live; the deponent enquired of the sd Mr Allin, how the Gov'n' did & whether he had made his Will, to wch the sd Mr Allin answered , yt he had made his will; to wch the deponent replyed that he would not be pticulr in his inquiry how he had disposed his Estate, but was very willing to Know in Generall how he had dealt with his Son, the Depont then de- claring to M' Allin that his sd Son was a person of a good Gen- erous & publick Spirit, & yt he would doe good with his Estate, & instanced his act about mr Stone's Booke 18 & some other order he had given about the disposall of such Estate as he had in the Country bef! m" Allin replyed he had dealt well or hon"ably with his Son, & had left him well provided for, not onely after his wifes decease but presently after his owne, & yt wt he had done for his Sonn, he doubted not but it would Satisfye him, me the Deponent, & all his freinds with wch the Deponent was so well Satisfyed, yt whereas he had thoughts befr to wait upon the GovEn™ to put him in mind of his Sonn, he thereupon desisted, & the Deponent saith, yt that night yt it was reported Govern" Belling- ham dyed, he the deponent went to the said m" Allins house to Satisfye himselfe in the premises ; that Mr Allin produced a Sealed paper wch he opened & tooke out thereof another written paper wch he said was the Gov'n's will, and after Some Short time gave it into the Deponents hand to read, & yt he the Deponent read the same deliberately, & Kept it some Considerable time in his owne
15 [Presumably Judge Chamberlain intended to write, before the pro- bate of the Governor's will. See infra, p. 411.]
16 Chamberlain MSS., i. 17. Copy certified by Daniel Gookin.
17 Words included in [ ] are conjectural for those worn away.
18 Samuel Bellingham had proposed to print The whole Body of Divinity,
by Rev. Samuel Stone of Hartford. But this was never done. April 7, 1681, Rev. Nathaniel Mather wrote from England to his brother, Rev. Increase Mather of Boston, " Mr Bellingham is so drowned in Melancholy, if yet living, for I have not heard of him these 8 or 9 years, nor seen him as many more, that Mr Stone's body of Divinity is like to bee utterly lost with him." 4 Coll. Mass. Hist. Soc., viii. 33, 76.
VOL. I .- 26
402
HISTORY OF CHELSEA
[CHAP. VIII
hands, & discoursed Severall pticulrs therein with in" Allin, & declared yt in regard of Some Seeming uncertaintyes therein, it might admitt of Dispute, & also the Depont tooke notice of the unusual & abrupt Conclusion thereof, & Saith yt to the best of his Remembrance & und'standing the last clause wch appeared therein upon probate of the sd will, viz his de[cla]ring yt to be his last will & nulling any other, was not in the will [shown] by mr Allin to this Depont And the Deponent is the more con- firmed [in the] beleife & pswasion thereof because it was not in a copy wch Mr Allin [handed the] depont wch he said he had drawne out for his owne use: And because [on the] Morning after the probate of the will, (the Deponent having then de[elared] his said suspicion beleife & Reason to the Deputy Gov"n", & Assist- ants) [Mr] Allin came to this Deponents house & with freindly & Kindly Expressions declared his unwillingness yt any difference should be maintained about the sd will, & made some proposalls of a treaty, & taking advice about Composing the Differences & Setling the Estate & also requested the Deponent, yt if he had not Sent away the letter that the sd m" Allin & Trustees had writt to m' Sam"! Bellingham, & therein as he told the Deponent En- closed a copy of sd will, yt the Deponent, in whose hands it was left for Conveyance would returne the sd Letter to him againe, wch the Deponent unadvisedly delivered to Mr Allin, from wm he Received it, & that the Said mr Allin carryed the Same away from the Deponent without opening, & Shewing the Depont the Copy Therein inclosed, or requesting the Depont to goe with him befr Authority , to See the Same opened, & for yt about tenn dayes after the Deponent discoursing hereof to m' Oxenbridge, he owned yt they all had Signed a copy of Said Will as a true Copy to be sent to Doetr Bellingham, but Seemed ignorant yt the sd Letter & Copy were taken out of the Deponts hands. Againe other reasons the Deponent hath, wn Called hereunto. And fur- ther the Deponent saith, yt taking notice to m' Allin yt provision was made in the will for debts & Legacyes, & no Legacyes left according to sd provision, Mr Allin told the Deponent, the Gov'n' would have left Some Legacyes & have Added Some particulrs, but his weakeness prevailed So much, yt he could not finish the Same. Cambridge the 24th of January 1672
This is a true Coppie of a deposition taken by mr Richard Wharton Before mec the day & yeare abouc written examined by Daniel Gookin 3 Feubruary 1672[1673].
403
GOVERNOR BELLINGHAM'S WILL
CHAP. VIII]
Between the date of Wharton's deposition, and that of Gookin's certificate, and therefore presumably for uttering his " suspicion beleife & Reason to the Deputy Gov"n", & Assist- ants," as he says he did, proceedings were taken against him : 19
At a County Court held at Boston Janurº 28th 1672.[1673] Mr Richard Wharton presented by the Grandjury for reviling & reproaching of m" James Allen Teacher of the first Church of Christ in Boston in Saying hee added a line or clause to the Governor's Will, after hee had Signed & Sealed it, which is proved by Witnesses to bee Slanderous & reproachfull & contrary to law, title Heresy Section (7) 20 Mr Wharton being called desired the benefit of a Jury, which was granted, & after the presentment & Evidences in the case produced were read, comitted to the jury & remaine on file with the Records of this Court. The jury brought in theire Verdict. They finde m" Richard Wharton by Declaring & Manifesting his apprehentions to bee guilty of re- proaching ME James Allen. The Court Sentanceth the said m" Wharton to give in bond for the good behaviour, of one hundred pounds himselfe & fifty pounds apeice two Sureties, till the thir- teenth of March next & then to appeare. (and the Court declared
19 [Wharton, as attorney of Dr. Samuel Bellingham, entered a formal protest at the probate of the will, December 19, 1672, and expressed his belief that Rev. James Allen had added a clause to the Governor's will. A very considerable excitement ensued in the town. When the Grand Jury met it presented Wharton. The above deposition was not im- probably taken then. The case came up for trial in the Suffolk County Court, apparently on February 3, 1672/3, the date of the certification by Daniel Gookin. (Infra, note 21.) Presumably this deposition was a part of Wharton's defence. It is not certain that it was received by the court, as Wharton complained later that his " pleas were admitted, but his proofes & Testimonyes were restrayned for yt time."]
20 [This law provided that " every person or persons whatsoever, that shall revile the Office or person of Magistrates or Ministers, as is usual with the Quakers, such person or persons shall be severely whipt, or pay the sum of five pounds." (Mass. Col. Laws, reprinted in 1887 from the ed. of 1672, p. 61.) Prosecutions of this character took place under both the Colonial and the Provincial governments. See the case of John Webb presented in January, 1707/8, for charging Rev. Moses Fisk of Brain- tree "with removing his Neighbours Land marks." and thus falling " under that Curse in Deuteronomie, meaning the Divine Curse against removing Land marks " which was a "Scandalous Lye " and was " not only to the great Defamation of the said Minister but of his Office also, and to the great Reproach of Religion and the Offence of the Church of Christ in said Town and against the Law of this Province." Records of Court of Gen. Sess. of Peace, i. 163, 164. Office of Clerk of the Supreme. Court of Suff. Co.]
401
HISTORY OF CHELSEA
[CHAP. VIII
that then they Expect hee Should prosecute his charge exhibited in Court against the late Governors Executors & to pay the Charges of Witnesses | & ffees] of Court. m' Wharton Declared in Court that hee Submitted to the Sentance & accordingly the saide mr Richard Wharton as principle in one hundred pounds and inr Thomas Brattle & m" Nicholas Page as Sureties in ffifty pounds apeice acknowledged themselves respectively bound to the Treas- uror of the County of Suffolke on Condicon the saide Wharton shalbee of good behaviour till the thirteenth of March next & shall then appeare.
This is a true Coppie As Attests Isaac Addington, Cler.21
21 Mass. Hist. Soc., Misc. Papers, 1628-1691, i. 66. A. D. S. [The rec- ords of the Suffolk County Court for the years 1671 to 1680 have been re- cently discovered, and are now (1905) temporarily at the Old Court House, Boston, in the office of the City Registrar. The first term of the County Court after Governor Bellingham's death began January 28, 1672/3, " John Leverett Esqr Dept Govr, Edw Tyng Wm Stoughton Assits " being present. Among the early entries is: "This Court grants liberty to the late Governors Executors till the next Court to bring in an Inventory of that Estate " (p. 106). The record given in the text is on p. 111, after which appear the following entries :
" John Veering presented for being drunck & abuseing his wife in bad language calling her whore &a. & reproaching m! Allen & Church mem- ber's in saying .mr. Allen was a black hypocriticall Rogue, of all which hee was convict in Court. The Court Sentanceth him to bee whipt with thirty Stripes severely laide on & to stand in the open market place in Boston, exalted upon a Stoole for an houres time on a thursday after Lecture; with a paper fastned to his breast, with this inscription in a lardge character A prophane & wicked Slanderer & impious Reviler of a minister of the Gosple & Churchmember's; & to pay charges of witnesses & ffee's of Court standing committed &a Vpon the peticon of the saide Veering & humble acknowledgment made in open Court The Court re- verseth this Sentance [substituting ten pounds] in Mony fine to the County & to give in bond for the good behaviour of twenty pound's. . . . " (p. 112, Veering was discharged of his bonds at the term of Court be- ginning April 29, 1673. p. 128.) Previously to this James Brown had been convicted of "vilifying & reproaching Mr Anthony Stoddard in bad language," and had been sentenced to make a written acknowledgment or pay a fine to the county of five pounds. Mr. Stoddard acknowledged in Court that he had received satisfaction. The nature of this vilification is not stated. (p. 108.)
" Mr. Richard Wharton in open Court ffebry. 3d. 1672 [1673]. Charged mr John Oxenbridge mr James Allen & mr Anthony Stoddard for falsify- ing theire trust to & violating the late Govrs. will.
" Mr Richard Wharton for contempt in open Court was committed to prison." (p. 113.) Wharton's Reasons of Appeal show that his eommit- ment to prison preceded the sentence, given in the text, infra, p. 412.
" Dr. Robert Couch bound over to this Court for making Verses tending to the reproach of the late Govr. Richard Bellingham Esqr. & of the Ministers: The Court Sentanceth him to give in bond for the good be-
-
.
405
CHLAP. VIII] GOVERNOR BELLINGHAM'S WILL
Wharton, bound over to the court to be held March 13th, on the 10th, and apparently as part of his defenee, made a
Second Deposition 22
Richard Wharton aged about Thirty six years Testifyeth That some tyine after Govern" Bellinghams will was proved he being in Discourse with Mr John Oxenbridge Concerning ye Same he told mr Oxenbridge yt many Did beleive ye Govern" was not Compos Mentis when ye will was made Mr Oxenbridge answered yt That was not true for he was with ye Govern' about or not aboue Three q"ters of an houre before m" Allen Came to make ye will and yt ye Govern" then was Rationall and yt he then said he would Dispose his Estate into thirds one Third to his wife one Third to his son & one third to pious uses & to pay Debts & Legacyes To Ich ye Depont then Replyed how Can yu giue a greater argumnt that he Did not undrstand himself when he should make or Declare a will wherein noe such Thing is menconed And That if he had soe Done It would have given Satisfaecon as ye Depont Thought to all Coneerned ffor then as ye Depont said after ye widows Decease his son would have had two thirds of ye Estate but Mr Oxenbridge then replyed if soe ye widows Thirds would alsoe revert after lier Decease To ye Ex's for good uses . and seemd mueh Concernd at my Construecon But ye Depont told him yt then he should not Despute a matter soe remote ffurther. ye Depont sayth yt he going to Comunieate a Letter to Mrs Bellingham which he had received from Majr Winslow 23 wherein he resented ye Injury : Done to her by the Exrs Diseoursing with her about adding to altering & Interlyning ye Deed they : had given her Shee Seemd to blame her selfe for yt wrong Intimating that shee soe farr Confided in them as not to Doubt ye pformanee of their agreemt with Majr Winslow on her behalfe And therefore when ye Deed was read shee regarded not wt was in it nor tooke any notice of it nor ye Alteraeon therein Alsoe she Deelared yt when ye will
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