USA > Massachusetts > Suffolk County > Registers of probate for the county of Suffolk, Massachusetts, 1639-1799 > Part 5
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Your Honour's most faithfull & most obedient servant. J. B.
BOSTON, Dec' 13, 1739."
1 Belcher Papers, II. 191.
The Boston News Letter of August 27, 1741, has this announcement : " His Excellency has been pleased to appoint William Shirley, junr Esq ; to be Naval Officer for the Province of the Massachusetts-Bay. This is to gire Notice, that the Naral Office is now kept at the Office of Andrew Belcher, Esq; at Mr. Holmes's House in Kingstreet."
2 Belcher Papers, II. 494.
3 Sir Charles Wager was then First Lord of the Admiralty.
+ Belcher Papers, II. 253. The Boston News Letter of Thursday, December 20, 1739, contains the following : -
"On Thursday last his Excellency the Governour was pleased to appoint Andrew Belcher, Esq; to be Register of the Admiralty of the Provinces and Colo- nies of the Massachusetts-Bay, New Hampshire, Colony of Rhode Island, and Providence Plantations, and the Narragansett Country or King's Proemer in New England, in the Room of John Boydell, Esq ; deceased."
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In a letter 1 dated Boston May 7, 1740, to Richard Partridge, Governor Belcher says : -
" I must pray you to procure from Sir Charles a warrant for your cousin And" to be Register of the Court of Admiralty. It would be a great dishonour to me & to him to have him put out after my putting him in, & I can't beleive S' C. would make any stick about it, if you went to him at a proper juncture."
Governor Belcher writes to Jonathan Belcher, Jr., in a letter ? dated Boston, May 19, 1740 : -
"The Register of Admiralty being but a trifling place it will the more dishonour me to have your brother put out after I have put him in. You must therefore with Coram plye S' Charles close for a warrant."
And again, June 5, 1740, in a letter & to Richard Partridge,
" I would pray you not to fail sending me a Warr: for your Nephew Andrew being Register of Admiralty,"
In another letter 4 dated Boston, July 25, 1740, to Richard Partridge, Governor Belcher says : -
" I must pray you, bro, to get out & send me a warrt from the Ad- miralty for Andrew's being Register. I know severall people have wrote for it, & I am afraid by the delay he may lose it, which would be a great trouble to him & a dishonour to mne."
In a letter 5 dated July 28, 1740, to Sir Charles Wager, Gov- ernor Belcher thanks him for his intercession with the Duke of Newcastle, and desires a warrant for Andrew Belcher to be Register of the Court of Admiralty.
Governor Belcher writes to Richard Partridge in a letter 6 dated Boston, August 25, 1740 : -
" I am very thankfull for your care in sending my son Andrew's patent for being Register of Admiralty, which I am expecting to receive p Snelling."
1 Belcher Papers, II. 289.
2 Ibid., II. 300.
8 Ibid., II. 508; Belcher's Letter Book, IV. 379.
4 Belcher Papers, II. 319.
5 Ibid., II. 513.
6 Ibid., II. 323. The Boston News Letter of October 30, 1740, announces :
" Andrew Belcher, Esq ; having received by Capt. Snelling His Majesty's Com- mission for Register of the Courts of Vice-Admiralty in His Majesty's Provinces and Colonies of Massachusetts-Bay, New Hampshire and Rhode Island, Providence Plantations, Narraganset Country or King's Province in New England, was last Saturday sworn into the said Office before His Excellency the Governour."
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In another letter 1 to Richard Partridge, dated October 25, 1740, he says : -
" I again thank you, for my Son Andrews Commission, as Register of Admiralty, which is Come well to hand p Snelling."
In a letter 2 dated Boston, August 25, 1740, to Jonathan Belcher, Jr., Governor Belcher, after rebuking him for his ex- travagance, continues : -
" You mention the situations of your brother And" & your brother Lyde. Andrew lives with me. I give him his dyet & lodging, & he has not besides for many years past, say communibus annis, spent sixty pounds sterling a year, so good a husband is he, & so much he knows the value of money. . . . Pray compare these things with your expence. Your brothers have at present the offices I have given them. but in case of my supersedeas, my successour will have favourites (as well as other governours), & your brothers then perhaps stript of all . . . Your brother is greatly oblig'd to you for the kind sollicitation of his Admi- ralty patent, but he is an indolent creature, & I know not whether he'll ever write you a letter. . . . I had forgot to say that all the places held by your two brothers here are not worth two hundred & sixty pounds sterling a year. Such are their poor settlements and mean subsistences."
In a letter 3 dated Boston, May 7, 1741, to Richard Partridge, Governor Belcher again speaks of the great extravagance of his younger son, Jonathan Belcher, Jr., who was then living in England at " the rate of £530 sterling a year, or upwards £2900 this money," and adds : -
" His brother is at lodgings in town, keeps his horse and footman, and does not spend £70 sterls a year."
Governor Belcher's apprehensions concerning the future proved to be only too well founded. His unscrupulous enemies resorted even to forged and anonymous letters to secure his removal, and he was superseded in 1741 by Governor Shirley.
1 Belcher Papers, II. 521; Belcher's Letter Book, V. 25.
2 Belcher Papers, II. 325; see also Ibid., II. 542. Governor Belcher, in a letter dated March 9, 1740/1 ( [bid., II. 534) to Sir Robert Walpole, solicits the appoint- ment of Andrew Belcher as Collector of Boston to succeed Mr. Jekyll, who died March 1. He writes also on the same day to Sir Charles Wager and Richard Partridge on the subject. "The place is worth £500 sterl'g a year." 8 Ibid., II. 383.
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Smarting under a sense of wrong and injustice, disheartened and chagrined, he retired to his country-seat at Milton.1
Andrew Belcher was not long allowed to hold the office of Register of the Court of Vice-Admiralty.
The following is a letter 2 dated Milton, March 18, 1741/2, from Governor Belcher to his son Andrew : -
" MR. BELCHER, - I think I can appeal to Him whorn I adore while I say I have as a good parent done my duty to you, your brother & sister for establishing you in the world. The shadows of the evening are now stretcht out upon me, my hitherto good constitution begins to fail, that I cannot rise & shake myself as in dayes past, so you must stand upou your own legs, be up, & doing. When I saw you last, you may remem- ber, I told you to write a handsome letter to Sir Cha. Wager, another to M' Wilks, & another to your uncle, & then to bring them to me, & I would write in conformity, & send all forward. but that if you would not rouse from your hug'd indolence & deadly lethargy, nor take one step towards your own security in the office of Register of Admiralty. I would give myself no further concern about it. This is now six weeks ago, & altho' I live within an hour & half's ride of you yet I have not heard a syllable from you since, so am wholly ignorant whether you have acted in any shape or manner on this head, in which & all others, I wish you well, & am Your affec. father, J. B.
MILTON, March 18, 1741/2."
Governor Belcher, in a letter 3 to Richard Partridge dated October 23, 1742 : -
Hears that Auchmuty is endeavoring to secure for his own son the office of Register of the Court of Admiralty now held by Andrew Bel-
1 " I am got to my little cottage at Milton, where I desire my life may be hid with Christ in God, and there I shall indeavour to spend the little remainder of my dayes as silently as I can." (Jonathan Belcher to Jonathan Belcher, Jr., De- cember 1, 1741, Belcher Papers, II. 418.)
After remaining some time in Boston and Milton, he went to England, vindi- cated himself from the aspersions of Iris enemies, and was restored to favour. He was appointed, July, 1746, Governor of New Jersey, and died in Elizabeth- town, New Jersey, August 31, 1757. He married his second wife, Mary Louisa Emilia Teale, September 9, 1748, in Burlington, New Jersey.
2 Belcher Papers, II. 420. Notwithstanding the rebukes he so frequently ad- ministered to his son Andrew, Governor Belcher, in a letter dated September 20. 1742 (Ibid., II. 557) to Richard Waldron about AAndrew Belcher and Waldron's going to England with Colonel Vassall, says : " A father, I own, is easily blinded in favour of a son, but if I am not, I think he [ Andrew Belcher] is a cautious, sedate, prudent young genti, & his conversation agreeable; I wish his sire had had the power of begetting in him more vivacity & fire." $ Ibid., II. 557.
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cher, and desires Mr. Partridge " to do all in your power to prevent so great a misfortune."
But all Governor Belcher's efforts were of no avail, as is shown by the following letter 1 to his son Andrew. It is dated Milton, April 20, 1743.
". . . I am much concern'd for the loss of your place in the Ad- miralty Court. I think I can truly say, more than. I was upon hearing of my own supersedeas. I pray God to support you under it, & by this dark providence teach you the uncertainty & mutability of all human affairs ; & may God carry up your thoughts on this occasion to Himself, and show you that there can be no true happiness or satisfac- tion short of a fixed, saving interest in the favour & mercy of God, through Jesus Christ, His blessed Son, the only Saviour of poor lost man. If this melancholy scene lead you into a realizing sense of these things, it will prove the happiest article of your life. God, of his in- finite mercy in Jesus Christ, so make it. Amen. Your other small place will be some help, and we must be thinking how to improve the little stock you have in the best manner. I shall always stand ready to do every thing in my power to assist & comfort you, for I am, dear Andrew, Your very affectionate father, J. B.
MILTON, April 20th 1743."
In a letter 2 dated Milton, May 3, 1743, to Richard Partridge, Governor Belcher says : -
" I am much concern'd for my son A. B.'s loss of his place in the Ad- miralty Court, it being his main support, and this, I am told, was done a month before you knew any thing of the matter. I shall be glad you & his other friends may be able to get him restor'd tho' I tell him he must hardly maintain a hope of it, for I can't see it consistent with the honour of the Crown, or with that of its officers, to thrust persons out & suddenly to restore them. Yet I shall take it very kindly if you'll endeavour to serve him in this or in any other way."
In a letter 3 dated May 10, 1743, to Colonel John Vassall, Governor Belcher desires him to try to get Andrew Belcher restored to the office of Register of the Court of Admiralty.
The "other small place " which still remained to Andrew Belcher was the office of Register of Probate.
2 Ibid., II. 451. 8 Ibid., II. 500. 1 Belcher Papers, II. 448.
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" At a Council 1 held at y" Counc! Chamb! in Boston on Fryday Dec: 21 1739." His Excellency the Governor [Jonathan Belcher] was pleased to nominate .. .
" Andrew Belcher Esq! to be Register of Wills &c for the County of Suffolk in the room of John Boydel Esq". decd."
And Governor Shirley, on his accession to the Governor- ship, reappointed 2 him, November 5, 1741.
At a Council 3 held July 14, 1749, His Excellency nominated
" M" John Payne to be Register of Wills &c for the County of Suf- folk, during the Absence of Andrew Belcher Esq! (the standing Register out of the Province."
At a Council + held in Boston January 25, 1754, His Excel- lency nominated
"M: John Shirley to be Register of Wills &c? in the County of Suffolk, in the room of Andrew Belcher, Esq!"
This ended Andrew Belcher's connection with the Probate Office.
But the efforts made in his behalf to secure his restoration to the office of Register of the Court of Vice-Admiralty were successful. His second commission 5 as Register of that Court, from the Lords of the Admiralty, bears date July 22, 1743. He held this office at the time of his death.
He was one of the Prince subscribers 6 in 1736, and a Justice of the Peace 7 in 1738.
1 Council Records, X. 330. The Boston News Letter of Thursday, December 27, 1739, announces that on Friday last his Excellency the Governor, among other appointments, made the following : " Andrew Belcher Esq ; to be Register of the Court of Probate for the County of Suffolk."
2 Council Records, X. 552.
3 Ibid., XII. 111.
4 lbid., XII. 321.
5 Mass. Archives, XLIII. 634.
The Boston News Letter of October 10, 1765, contains the following : "The PUBLIC are hereby informed, that the Honorable ANDREW . BELCHER, Esq ; Register of the Court of Vice-Admiralty for the Province of the Massachu- setts Bay, has appointed Mr EZEKIEL PRICE to be his Deputy in the Room of WILLIAM STORY, Esq; and that the Business relative to said Court will be attended at Mr. PRICE's Office, the South Side of the Court-House."
6 Memorial History of Boston, II. 501 ; New England Historical and Genea- logical Register, VI. 190, XIX. 206.
7 Council Records, X. 190; Boston News Letter, March 16, 1738.
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In deeds and other instruments he is described as of Boston, until after his marriage 1 in 1754, when he removed to Milton.
He represented Milton in the General Court from 1759 to 1764, and he was a member2 of the Council in 1764, 1765, 1766, and 1767.
Governor Hutchinson, August 14, 1770, writes : 3_
" M' Belcher the Register of the Court of Vice Admiralty is in a desperate state of health and his Physicians think cannot continue many weeks."
Plans were even then laid to provide him with a successor.
The Boston News Letter of January 31, 1771, contained the following obituary notice : -
" On Thursday the 24th Instant died at his Seat in Milton, the IIon. ANDREW BELCHER, Esq ; in the 65th Year of his Age: He was ellest Son of the late Governor Belcher, and for some Years a member of his Majesty's Council for this Province. - His Remains were decently interred in this Town, last Monday in the Afternoon."
1 Governor Belcher, in a letter to Andrew Oliver (Letter Book, VIII. 300) dated Elizabethtown, New Jersey, April 5, 1754, writes : " I am now with Pleasure to advise you that my Sons Marriage with my Wife's very good Daughter was consummated yesterday in the evning about 8 : Clock and I think to the good Satisfaction of all concern'd therein and I pray God that they may be long Happy living together as Heirs of the Grace of Life Amen."
In another letter to Andrew Oliver (Letter Book, VIII. 364) dated Elizabeth- town, New Jersey, May 3, 1754, Governor Belcher thanks him for his " Con- gratulation upon the late double Alliance between myself and my Wife and in which I hope by the Favour of God my Son and Daughter may be long happy I believe they cant readily fix the Day of beginning their Journey homeward but which I suppose will be some time this Month I am full with them in their Prudent Resolution of going directly to their own House at Milton."
In a letter to Jolin Foye (Letter Book, VIII. 407) dated Elizabethtown, New Jersey, June 13, 1754, Governor Belcher thus refers to his son Andrew : " He & his Wife took leave of us last Fryday & I hope are now well forward in their Journey I pray God send them in Safety to Milton."
Governor Belcher, in a letter to Andrew Belcher ( Letter Book, VIII. 428) dated Elizabethtown, New Jersey, July 12, 1754, mentions the receipt of a letter from the son, written at New Haven, and adds: " I am now to own the due Reciept of your good Letter of the 20; of the last Month & we all praise God that you are got in Health &' Safety to y! desired Milton."
And in another letter to Andrew Belcher (Letter Book, VIII. 451) dated August 16, 1754, Governor Belcher asks for an account of rents: "That of Milton to 4: of April last (when it became yours). And those of Boston to 20 : of June when you arriv'd at Milton."
2 In 1764, while a member of the House of Representatives, he was chosen to the Council in place of Timothy Ruggles, who had been elected, but had declined to serve. (Journal of the House of Representatives, 1764, pp. 65, 68-70.)
8 Mass. Archives, XXVI. 535.
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He died intestate and without issue, and his widow Eliza- beth Belcher was appointed administratrix of his estate, which was appraised at £1062 : 16 : 4.
In the inventory there are, among other items, the follow- ing : -
£ s. d.
" 4 family Seals with handles 12
" House in Boston Tenented by Christ! Prince &c 600: 0: 0.
200 acres land in freetown 133: 6: 8.
500 acres in Belcher Town 125: - - "
He married in Elizabeth, New Jersey, April 4, 1754, Eliza- beth Teale,1 a daughter of Mary Louisa Emilia Teale, the sec- ond wife of his father, Governor Belcher.
1 Their marriage contract, dated March 27, 1754, was recorded July 23, 1754, with Suffolk Deeds, Lib. 85, fol. 200.
After the death of Andrew Belcher, Elizabeth Belcher, his widow, and her mother, Mary Louisa Emilia Belcher, the widow of Governor Belcher, continued to reside on the Belcher estate in Milton. On the 27th of January, 1776, the Belcher house was destroyed by fire. It was afterward rebuilt. (Eliot's Bio- graphical Dictionary, 57 note ; Teele's History of Milton, 111, 113.)
Samuel Curwen ( Harvard College, 1735), the Loyalist, to whose Journal, kept when he was an exile in England, reference has already been made, gives much information concerning his fellow refugees. At Dover, under date of July 3. 1775, he writes : ---
" At the Coffee-house met James Teal, a son of the widow of the late Gov. Belcher, of Massachusetts, by her first husband. He wished to convey intelli- gence of his residence here to his mother in New England ; his letters have mis- carried for some time past."
The will of Mary Louisa Emilia Belcher, of Milton, widow of Governor Belcher, dated February 22, 1770, was probated April 27, 1782.
By deed dated May 15, 1781, recorded with Suffolk Deeds, Lib. 132. fol. 210, Elizabeth Belcher, widow, conveyed to John Rowe, of Boston, merchant, a farm with woodland and marshes lying in seven tracts, partly in Milton, partly in Dor- chester, and partly in Braintree, all formerly of Jonathan Belcher, late Governor, one of said tracts being " the homestead farm on which I the said Elizabeth now live and on which his excellencies seat formerly stood and which contains by esti- mation two hundred Acres," situated partly in Braintree and partly in Milton.
In the Massachusetts Archives (CCXXXVII. 319) is the following petition of Elizabeth Belcher, the widow of Andrew Belcher : -
" To the honorable senate and house of representatives of the commonwealth of Massachusetts in general court assembled
Elizabeth Belehier respectfully shews that she is a native of England and that there are all her natural connections and the principal part of her property and resources for subsistance which are irresistable inducements to hier to remove to that country and a convenient opportunity now presenting by which she can in a cartel with small expence and great safety at this time transport herself and effects to New York and from thence immediately for England she therefore at this time intreats the permission of the court that she may depart this common-
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JOHN PAYNE.
1749, 1754, 1755-1759.
John Payne, son of William Payne, was born in Boston, February 9, 1712. His brother, Edward Payne, in his account 1 of the family thus speaks of him : -
" My brother John Payne lived two years as an apprentice to Mr. Jona. Sewall, viz., till John Payne his Decease ; then he wrote in the Register's Office with Mr. Boydell, till his Decease, being 1740; after which he continued in said Office under Mr. Jona. Belcher, while he held said office, being ; then under Mr. Auch- muty while he held the said Office, being . Then under Mr. Bel- cher again, in which Place he continues at this day."
At a Council 2 held in Boston July 14, 1749, the Governor nominated
" M' John Payne to be Register of Wills &c. for the County of Suffolk, during the Absence of Andrew Belcher Esq: (the standing Register out of the Province. To which Nomination the Council Advised & Consented."
wealth in manner as aforesaid and take with her one female servant and personal appendages and your petitioner as in duty bound will ever pray
ELIZ' BELCHER"
This petition was granted and the General Court, September 26, 1782, passed the following Resolve : -
" On the petition of Elizabeth Belcher,
Resolved, That said Elisabeth Belcher be and she hereby is permitted to go to New York, in any cartel bound from this Commonwealth to that place. for reasons set forth in her petition, not to return again without leave first obtained from the legislature of this Commonwealth, and also to take with her a servant girl and their personal appendages, and such effects only as may be necessary for their suitable accommodation on their passage to England : and the Commissary of Prisoners is hereby directed carefully to inspect her and her effects, and to take especial care that no letters of intelligence be conveyed to the enemies of the United States by means hereof." (Chapter 15 of the Laws and Resolves of Massachusetts, 1782-3 September Session.)
Letters of administration on the estate of Elizabeth Belcher, late of Milton, deceased, widow of Andrew Belcher, late of said Milton, deceased, were granted February 11, 1794, to Edward Hutchinson Robbins, of Milton. The citation bears date May 9, 1792.
1 Genealogy of the Payne and Gore Families, Publications of the Prince So. ciety, 18; 1 Proc. Mass. Hist. Soc., XIII. 405; Memorial History of Boston, II. 549; New England Historical and Genealogical Register, XLII. 256.
2 Council Records, XII. 111.
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At a Council 1 held in Boston September 20, 1754,
" His Excellency also nominated M: John Payne to be Register of Wills &cª, for the County of Suffolk, in the Room of John Shirley Esq! for the Space of three Months from this Time, or untill the Return of the said John Shirley in Case it be before three Months be expired."
At a Council 2 held in Boston, January 11, 1755, the Gover- nor made the following nomination : -
" M: John Payne to be Register of Wills &cª for the County of Suffolk in the Room of John Shirley Esq! for the Term of two Months, Provided the said John Shirley be absent so long."
The Council consented to these nominations.
At a Council 3 held in Boston March 28, 1755, the Governor announced the resignation of John Shirley as Register of Wills. etc., and then nominated
"M" John Payne & M: John Cotton to be Joint Registers of Wills &cª. within the County of Suffolk,"
and the Council consented.
The General Court + in 1754 passed an " Act to enable John Payne of Boston, gentleman, to attest certain records in the Probate Office of the County of Suffolk," reciting that
" WHEREAS the records in the probate office of the county of Suffolk. from the seventeenth day of February, one thousand seven hundred and forty three, until the first day of February, one thousand seven hundred and fifty-four, have not been attested by the register of probates for said county ; and whereas John Payne of Boston, gentleman. for and during the whole term aforesaid, has acted as a clerk in said office, and all original papers registred in the books of said office have, by the said Payne, been compared with the registry or records, before such papers were delivered out of said office," --
said Payne was authorized and empowered to attest the records during the term aforesaid.
He was Deputy Register of the Court of Vice-Admiralty 5
1 Council Records, XII. 357.
2 Ibid., XII. 378.
3 Ibid., XII. 391.
4 Province Laws, III. 750; Mass. Archives, XIX. 152.
5 Boston News Letter, December 11, 1740 et seq.
In Mass. Archives, XLIII. 651, there is a commission dated January 10, 1753, of " Andrew Belcher Esquire Register of the Court of Vice-Aduniralty in his
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for many years - as early at least as 1740 - and so continued, with perhaps some brief intermissions, up to the day of his death. At one time he had charge of the Naval Office.1
He was a Prince subscriber 2 in 1736.
The Boston Evening Post of Monday, November 19, 1759, contains the following obituary notice : ---
" Last Saturday Morning died here after a short and violent Iliness, Mr. JOHN PAYNE, a Gentliman of known Abilities in the several Offices he sustained, and remarkable for his unsullied Integrity : He was a Father as well as a Son to his aged Mother, and not only a Brother. but a Guardian to his Sisters. His Death is as justly as it is universally lamented."
In his will, dated March 25, 1752, probated November 23, 1759, he gives all his estate to his "Hond Mother Margaret Payne of Boston aforest Widow," making her sole executrix. This will, although not signed by the testator, was allowed by the Judge of Probate, so far as respected personal estate.
The inventory shows personal property amounting to £1198. 12. 9, and real estate consisting of one ninth of a house in Cornhill, appraised at £26. 13. 4.
The executrix's account mentions
" paid And. Belcher Esq! for moneys Lodg'd in the hands of the De- ceasd as Depy Register of the Court of Admiralty. £1290. 19. 6."
Majesty's Provinces & Colonies of the Massachusetts Bay, New Hampshire, Rhode Island &c: in America " appointing Jolin Payne of Boston gentleman " my Sufficient and Lawfull Deputy for the Province of the Massachusetts Bay afore- said and Maritime Parts of the same in the Room and stead of William Story my former Deputy for the Province aforesaid whom by these Presents I Supersede."
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