Richard Bellingham
Encyclopedia
Richard Bellingham was a colonial magistrate, lawyer, and several-time governor of the Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...

, and the last surviving signatory of the colonial charter at his death. A wealthy lawyer in Lincolnshire
Lincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...

 prior to his departure for the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...

 in 1634, he was a liberal political opponent of the moderate John Winthrop
John Winthrop
John Winthrop was a wealthy English Puritan lawyer, and one of the leading figures in the founding of the Massachusetts Bay Colony, the first major settlement in New England after Plymouth Colony. Winthrop led the first large wave of migrants from England in 1630, and served as governor for 12 of...

, arguing for expansive views on suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...

 and lawmaking, but also religiously somewhat conservative, opposing (at times quite harshly) the efforts of Quakers and Baptists to settle in the colony. He was one of the architects of the Massachusetts Body of Liberties
Massachusetts Body of Liberties
The Massachusetts Body of Liberties was the first legal code established by European colonists in New England. Compiled by the Puritan minister Nathaniel Ward, the laws were established by the Massachusetts General Court in 1641...

, a document embodying many sentiments also found in the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...

.

Although he was generally in the minority during his early years in the colony, he served ten years as colonial governor, most of them during the delicate years of the English Restoration, when King Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...

 scrutinized the behavior of the colonial governments. Bellingham notably refused a direct order from the king to appear in England, an action that may have contributed to the eventual revocation of the colonial charter in 1684.

He was twice married, survived by his second wife and his only son Samuel. He died in 1672, leaving an estate in present-day Chelsea, Massachusetts
Chelsea, Massachusetts
Chelsea is a city in Suffolk County, Massachusetts, United States directly across the Mystic River from the city of Boston. It is the smallest city in Massachusetts in land area, and the 26th most densely populated incorporated place in the country.-History:...

 and a large house in Boston. The estate became embroiled in legal action lasting more than 100 years after his will was challenged by his son and eventually set aside. Bellingham is immortalized in Nathaniel Hawthorne
Nathaniel Hawthorne
Nathaniel Hawthorne was an American novelist and short story writer.Nathaniel Hawthorne was born in 1804 in the city of Salem, Massachusetts to Nathaniel Hathorne and the former Elizabeth Clarke Manning. His ancestors include John Hathorne, a judge during the Salem Witch Trials...

's The Scarlet Letter
The Scarlet Letter
The Scarlet Letter is an 1850 romantic work of fiction in a historical setting, written by Nathaniel Hawthorne. It is considered to be his magnum opus. Set in 17th-century Puritan Boston during the years 1642 to 1649, it tells the story of Hester Prynne, who conceives a daughter through an...

and Henry Wadsworth Longfellow
Henry Wadsworth Longfellow
Henry Wadsworth Longfellow was an American poet and educator whose works include "Paul Revere's Ride", The Song of Hiawatha, and Evangeline...

's The New England Tragedies, both of which fictionalize events from colonial days.

Early life

Richard Bellingham, the son of William Bellingham and Frances Amcotts, was born in Lincolnshire
Lincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...

, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, in about 1592. The family was apparently well to do; they resided in a manor at Bromby Wood near Scunthorpe
Scunthorpe
Scunthorpe is a town within North Lincolnshire, England. It is the administrative centre of the North Lincolnshire unitary authority, and had an estimated total resident population of 72,514 in 2010. A predominantly industrial town, Scunthorpe, the United Kingdom's largest steel processing centre,...

. He studied law at Brasenose College, Oxford
Brasenose College, Oxford
Brasenose College, originally Brazen Nose College , is one of the constituent colleges of the University of Oxford in the United Kingdom. As of 2006, it has an estimated financial endowment of £98m...

, matriculating on 1 December 1609. In 1625 he was elected Recorder (the highest community legal post) of Boston
Boston, Lincolnshire
Boston is a town and small port in Lincolnshire, on the east coast of England. It is the largest town of the wider Borough of Boston local government district and had a total population of 55,750 at the 2001 census...

, a position he held until 1633. He represented Boston
Boston (UK Parliament constituency)
Boston was a parliamentary borough in Lincolnshire, which elected two Members of Parliament to the House of Commons from 1547 until 1885, and then one member from 1885 until 1918, when the constituency was abolished.-History:...

 as a member of Parliament in 1628 and 1629. He was first married to Elizabeth Backhouse of Swallowfield
Swallowfield Park
Swallowfield Park is a Grade II* listed stately home and estate in the English county of Berkshire. The house is situated near the village of Swallowfield, some 4 miles south of the town of Reading.-The House :...

, Berkshire
Berkshire
Berkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...

, with whom he had a number of children, although only their son Samuel survived to adulthood.

In 1628 he became an investor in the Massachusetts Bay Company, and was one of the signers of the land grant issued to it by the Plymouth Council for New England
Plymouth Council for New England
The Plymouth Council for New England was the name of a 17th century English joint stock company that was granted a royal charter to found colonial settlements along the coast of North America....

. His name also appears on the royal charter issued for the Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...

 in 1629. In 1633 he resigned as recorder of Boston and began selling off his properties. The next year he sailed for the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...

 with his wife and son; Elizabeth died not long after their arrival in Boston, Massachusetts.

Massachusetts Bay Colony

Bellingham immediately assumed a prominent role in the colony, serving on the committee that oversaw the affairs of Boston (a precursor to the board of selectmen
Board of selectmen
The board of selectmen is commonly the executive arm of the government of New England towns in the United States. The board typically consists of three or five members, with or without staggered terms.-History:...

). In this role he participated in the division of community lands that included the establishment of Boston Common
Boston Common
Boston Common is a central public park in Boston, Massachusetts. It is sometimes erroneously referred to as the "Boston Commons". Dating from 1634, it is the oldest city park in the United States. The Boston Common consists of of land bounded by Tremont Street, Park Street, Beacon Street,...

. Not long after his arrival, he purchased the ferry service between Boston and Winnessimmett (present-day Chelsea
Chelsea, Massachusetts
Chelsea is a city in Suffolk County, Massachusetts, United States directly across the Mystic River from the city of Boston. It is the smallest city in Massachusetts in land area, and the 26th most densely populated incorporated place in the country.-History:...

) from Samuel Maverick
Samuel Maverick (colonist)
Samuel Maverick was a 17th century English colonist in what is now 'Massachusetts,' the United States. Arriving ahead of the famed Winthrop fleet, Maverick became one of the earliest settlers, one of the largest landowners and one of the first slave-owners in Massachusetts...

, along with tracts of land that encompass much of Chelsea. In addition to his mansion house in Boston, he also established a country home near the ferry in Winnessimmett. A house he built in 1659 still stands in Chelsea, and is known as the Bellingham-Cary House
Bellingham-Cary House
Bellingham-Cary House is an historic house at 34 Parker Street in Chelsea, Massachusetts.The house was built in 1659 and added to the National Register of Historic Places in 1974. It was built by Richard Bellingham, who was governor of the Massachusetts Bay Colony for three terms starting in 1641...

.

For many years he was elected to the colony's council of assistants, which advised the governor on legislative matters and served as a judicial body, and he also served several terms as colonial treasurer. He was first elected deputy governor of the colony in 1635, at a time when the dominant John Winthrop
John Winthrop
John Winthrop was a wealthy English Puritan lawyer, and one of the leading figures in the founding of the Massachusetts Bay Colony, the first major settlement in New England after Plymouth Colony. Winthrop led the first large wave of migrants from England in 1630, and served as governor for 12 of...

 was out of favor, and was elected to the post again in 1640. According to historian Francis Bremer, Bellingham was somewhat brash and antagonistic, and he and Winthrop repeatedly clashed on political matters. During these early years Bellingham was chosen to be on the first board of overseers of Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...

. He also contributed to the development of the colony's first legal code, known as the Massachusetts Body of Liberties
Massachusetts Body of Liberties
The Massachusetts Body of Liberties was the first legal code established by European colonists in New England. Compiled by the Puritan minister Nathaniel Ward, the laws were established by the Massachusetts General Court in 1641...

. This work was opposed and repeatedly stalled by Winthrop, who favored a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 approach to legislation.

In 1641 Bellingham was elected governor for the first time, running against Winthrop. The Body of Liberties was formally adopted during his term. However, he served for just one year, and was replaced by Winthrop in 1642. Bellingham's defeat may have been caused in part by the scandalous impropriety surrounding his second marriage. A friend who was a guest in his house had been courting Penelope Pelham, a young woman of twenty. According to Winthrop, Bellingham, now 50 and a widower, won her heart, and, without waiting for the formalities of the banns of marriage
Banns of marriage
The banns of marriage, commonly known simply as the "banns" or "bans" are the public announcement in a Christian parish church of an impending marriage between two specified persons...

, officiated at his own wedding. When the issue came before the colonial magistrates, Bellingham (as the governor and chief magistrate) refused to step down from the bench to face the charges, thus bringing the matter to a somewhat awkward end. Bellingham's term in office was characterized by Winthrop as extremely difficult: "The General Court was full of uncomfortable agitations and contentions by reason of Bellingham's unfriendliness to some other magistrates. He set himself in an opposite frame to them in all proceedings, which did much to retard business".

In the 1640s constitutional issues concerning the power of the assistants arose. In a case involving an escaped pig, the assistants ruled in favor of a merchant who had allegedly taken a widow's errant animal. She appealed to the general court, which ruled in her favor. The assistants then asserted their right to veto the general court's decision, sparking the controversy. John Winthrop argued that the assistants, as experienced magistrates, must be able to check the democratic institution of the general court, because "a democracy is, amongst most civil nations, accounted the meanest and worst of all forms of government." Bellingham was one of only two assistants (the other was Richard Saltonstall) who opposed the final decision that the assistants' veto should stand. Bellingham and Saltonstall were often in a minority that opposed the more conservative views of Winthrop and Thomas Dudley
Thomas Dudley
Thomas Dudley was a colonial magistrate who served several terms as governor of the Massachusetts Bay Colony. Dudley was the chief founder of Newtowne, later Cambridge, Massachusetts, and built the town's first home...

. In 1648 Bellingham sat on a committee established to demonstrate that the colony's legal codes were not "repugnant to the laws of England", as called for by the colonial charter.

In 1650, when Bellingham was an assistant, he concurred in the judicial decision banning William Pynchon
William Pynchon
William Pynchon was an English colonist in North America best known as the founder of Springfield, Massachusetts, United States. He was also a colonial treasurer, original patentee of the Massachusetts Bay Colony, and the iconoclastic author of the New World's first banned book...

's The Meritorious Price of Our Redemption, which expressed views many Puritans considered heretical. Bellingham was again elected governor in 1654, and again in May 1665 after the death of Governor John Endecott
John Endecott
John Endecott was an English colonial magistrate, soldier and the first governor of the Massachusetts Bay Colony. During all of his years in the colony but one, he held some form of civil, judicial, or military high office...

. He was thereafter annually re-elected to the post until his death, ultimately serving a total of ten years as governor and thirteen as deputy governor. While he was deputy to Endecott in 1656, a boat carrying several Quakers arrived in Boston. Since Endecott was in Salem at the time, Bellingham directed the government's reaction to their arrival. Because Quakerism was anathema to the Puritans, the Quakers were confined to the ship, their belongings were searched, and books promoting their religion were destroyed. After five weeks of captivity, they were sent back to England. During Endecott's administration the penalties for Quakers defying banishment from the colony were made progressively harsher, until they included the imposition of the death penalty for repeat offenders. Under these laws, four Quakers
Boston martyrs
The Boston martyrs is the name given in Quaker tradition to the three English members of the Society of Friends, Marmaduke Stephenson, William Robinson and Mary Dyer, and to the Friend William Leddra of Barbados, who were condemned to death and executed by public hanging for their religious beliefs...

 were put to death for returning to the colony after their banishment. Quaker historians have also been harsh in their assessments of Bellingham. After Massachusetts authorities agreed that the death penalty did not work (it had long term negative consequences, feeding perceptions of Massachusetts intransigence), the law was modified to reduce the penalties to branding and whipping.

English Restoration

The 1640s and 1650s in England were a time of great turmoil. The English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

 led to the establishment of the Commonwealth of England
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...

 and eventually the Protectorate
The Protectorate
In British history, the Protectorate was the period 1653–1659 during which the Commonwealth of England was governed by a Lord Protector.-Background:...

 of Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....

. In this period, Massachusetts was generally sympathetic to Cromwell and the Parliamentary cause
Roundhead
"Roundhead" was the nickname given to the supporters of the Parliament during the English Civil War. Also known as Parliamentarians, they fought against King Charles I and his supporters, the Cavaliers , who claimed absolute power and the divine right of kings...

. With the restoration of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...

 to the throne in 1660, all of the colonies, and Massachusetts in particular, came under his scrutiny. In 1661 he issued a mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...

forbidding further persecution of the Quakers. He also requested specific changes to be made to Massachusetts laws to increase suffrage and tolerance for other Protestant religious practices, actions that were resisted or ignored during the Endecott administration. Charles finally sent royal commissioners to New England in 1664 to enforce his demands, but Massachusetts, of all the New England colonies, was the most recalcitrant, refusing all of the substantive demands or enacting changes that only superficially addressed the issues.

The reaction by Charles to this was to issue an order in 1666 demanding that Bellingham, since he was then governor, and William Hathorne
William Hathorne
William Hathorne was one of the most able, energetic and widely influential men in early New England.Hathorne is also the first American ancestor of the distinguished author, Nathaniel Hawthorne .-Biography:Hathorne was the son of a plain English yeoman, came to America in 1630, and rose to...

, the speaker of the general court, travel to England to answer for the colony's behavior. The issue of how to answer this demand divided the colony, with petitions from a cross-section of the colony's population calling for the magistrates to obey the king's demand. The debate also introduced a long-term rift in the council of assistants between hardliners wanting to resist the king's demands at all costs and moderates who thought the king's demands should be accommodated. Bellingham sided with the hardliners and the decision was reached to send the king a letter. The letter questioned whether the request actually originated with the king, protested that the colony was loyal to him, and claimed the magistrates had already explained fully why they were unable to comply with the king's demands. The magistrates further pacified the angered sovereign by sending over a ship full of masts as a gift (New England was a valuable source of timber for the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...

). Distracted by the war with the Dutch
Second Anglo-Dutch War
The Second Anglo–Dutch War was part of a series of four Anglo–Dutch Wars fought between the English and the Dutch in the 17th and 18th centuries for control over the seas and trade routes....

 and domestic politics, Charles did not pursue the issue further until after Bellingham's death, though for numerous reasons the Massachusetts Bay Colony charter was finally voided in 1684.

Death and legacy

Richard Bellingham died on 7 December 1672. He was the last surviving signer of the colonial charter, and was buried in Boston's Granary Burying Ground
Granary Burying Ground
Founded in 1660, the Granary Burying Ground in Massachusetts is the city of Boston's third-oldest cemetery. Located on Tremont Street, it is the final resting place for many notable Revolutionary War-era patriots, including three signers of the Declaration of Independence, Paul Revere and the five...

. He was survived by his son Samuel from his first marriage and his second wife Penelope, who outlived him by 30 years. His landholdings at Winnessimmett became tied up in legal action lasting more than 100 years, and involved court and procedural decisions on both sides of the Atlantic to resolve. Under the terms of his will, some of his properties in Winnessimmett were set aside for religious uses. His son challenged the will, which was eventually set aside. The litigation continued, carried on by his heirs and succeeding owners and occupants of the properties, and was finally concluded in 1785. The town of Bellingham, Massachusetts
Bellingham, Massachusetts
Bellingham is a town in Norfolk County, Massachusetts, United States. The population was 16,332 at the 2010 census. The town sits on the southwestern fringe of Metropolitan Boston, along the rapidly growing "outer belt" that is Route 495...

 is named in his honor, and a number of features in Chelsea, including a square, a street, and a hill, bear the name Bellingham.

Bellingham was immortalized as a fictional character in Nathaniel Hawthorne
Nathaniel Hawthorne
Nathaniel Hawthorne was an American novelist and short story writer.Nathaniel Hawthorne was born in 1804 in the city of Salem, Massachusetts to Nathaniel Hathorne and the former Elizabeth Clarke Manning. His ancestors include John Hathorne, a judge during the Salem Witch Trials...

's The Scarlet Letter
The Scarlet Letter
The Scarlet Letter is an 1850 romantic work of fiction in a historical setting, written by Nathaniel Hawthorne. It is considered to be his magnum opus. Set in 17th-century Puritan Boston during the years 1642 to 1649, it tells the story of Hester Prynne, who conceives a daughter through an...

, as the brother of Ann Hibbins
Ann Hibbins
Ann Hibbins was executed for witchcraft in Boston, Massachusetts, on June 19, 1656. Her execution was the third for witchcraft in Boston and predated the Salem Witch Trials. Hibbins was later fictionalized in Nathaniel Hawthorne's The Scarlet Letter. A wealthy widow, Hibbins was reputed to be...

, a woman who was executed (in real life in 1656, as well as in the book) for practicing witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...

. There are apparently no contemporary references to Mrs. Hibbins as Bellingham's sister — Hawthorne's formation of this connection appears to be based on a footnote in James Savage's 1825 edition of John Winthrop's journals, and a genealogical tree of the Bellinghams published early in the 20th century does not mention her. He also appears in Henry Wadsworth Longfellow
Henry Wadsworth Longfellow
Henry Wadsworth Longfellow was an American poet and educator whose works include "Paul Revere's Ride", The Song of Hiawatha, and Evangeline...

's The New England Tragedies, which fictionalizes events dealing with the Quakers.

External links

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