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| Elaborate History and Genealogy of the Ballous ...the three brothers, John, James and Peter, settled within a short distance of each other on their respective divisions of inherited common land in a locality then called Loquasquissuck, but now Louisquiset. This tract was then in its wilderness state, but had several attractive open meadows, created by the ancient beavers, yielding annually large crops of nutritious grasses, much needed in those days for the sustenance of cattle. It was situated only a few miles northwest of the parental homestead, in what is now the westerly part of Lincoln, between the villages of Manville on the north and Lime Rock on the south. This locality was originally in the town of Providence and included in the tract of common territory called the Outlands of Providence. In 1730 those Outlands were divided into three towns, viz.: Smithfield, Gloucester and Scituate. Thenceforth the Ballou locality of the second generation was in Smithfield. In 1871 Smithfield was subdivided so as to constitute wholly or in part four towns, viz.: Smithfield, North Smithfield, Woonsocket and Lincoln. Burrillville was set off from Gloucester in 1806. The ancient James Ballou homestead lies about half a mile westward from the village of Albion. A portion of it continues in possession of their descendants to this day. At length the mother and daughter began to stand in need of special care from one or more of the sons. They preferred that of James, and entered into the following Agreement with him, Oct. 22, 1707: "Whereas there are two house lots or home shares of land, each lot containing about four acres of land be it more or less, the which are situate lying and being in the town of Providence, in the Colony of Rhode Island and Providence Plantations, in the Naragansett Bay in New England -- lieing and being in the row of house lots whereon the town is seated, and towards the northern part of the town -- the which said lots of land, one of them formerly belonged unto Robert Pike formerly of said Providence but now deceased, the other of them formerly belonged to Matureene Belloo formerly of said Providence but now deceased -- The which said two house lots or home shares of land do now belong to us, Hannah Belloo, formerly wife of the sd Matureene Belloo but now his widow, and Hannah Belloo, daughter of the aforesaid Matureene Belloo, both of ye aforesaid town of Providence, and are our proper estates, both the said lots: and whereas we, the sd Hannah Belloo, widdow of the aforesaid Matureene Belloo, and Hannah Belloo, daughter of the aforesaid Matureen Belloo, are now fallen into the care and providing for of James Belloo, of the aforesaid town of Providence, son of the aforesaid deceased Matureene Belloo and of the said Hannah Belloo, widow of the aforesaid deceased Matureene Belloo: and whereas it is requisite that the said James Belloo should be considered as with respect to his care and charges as to our providing for and maintainance so far as we are capable, and if it shall so fall out at any time with us or with either of us, that we or either of us may not be in a capasity to answer the said James Belloo as to his care, charges and disbursements concerning us or either of us, the sd two lots of land shall be under such circumstances as to make restitution unto the said James Belloo or his heirs for what he hath or may yet expend upon us or on the longest lived of us. and if at any time that any of us two persons to whom the said two lots of land do belong shall see cause to make sale of the same, the said James Belloo or his heirs shall have the first offer and refusal, he or they allowing as much for the same as any other person will give. In witness of the premises we, the said Hannah Belloo widdow and Hannah Belloo daughter, do hereunto set our hands and seals the twenty and second day of October, in the year one thousand seven hundred and seven. Signed, sealed and delivered in The mark of 7 Hannah Belloo, the presence of widow; Tho. Olney, sen. Hannah Belloo, daughter. John Inman, Junr, Recorded Feb. 10th, 1717-18. Per me Richard Waterman, Clerk." It furthermore appears that the mother and daughter made a deed bearing this same date of October 22, 1707, whereby they conveyed to James Belloo all their right, title and interest to lands on the west side of the seven mile line, as specified in the divisional agreement hereinbefore copied. This deed, which is still extant in its original form, purports to have been recorded in "Providence Records," Book II. pp. 195 and 196, June 13, 1711, by Thomas Olney, Clerk. Under date of Jan. 28, 1711-12, Hannah Ballou, the widowed mother, executed a deed whereby she conveyed to her son James "my two six acre lots situate and being within ye Town of Providence & lying between land of James Brown on ye south & the land of John Arnold on the North, and butting on ye Town street on the west -- one of which sd lots did formerly belong unto my well beloved husband, Matureene Belou deceased, the other did formerly belong to my much honored father, Robert Pike deceased -- as also one half Right of common on ye east side of ye seven mile line. and also fourteen acres of land laid out unto me adjoining to the lands of my said son, James Beleu, together with all my household stuf and other moveable Estate of what kind and nature soever." Providence Records, Book III. p. 90. At this same date James bound himself in the penal sum of ¦40 to his mother "to find for and allow unto her meat, drink, washing, lodging, appAriel and tendance, with all things else needful and necessary respecting both her age and times of sickness," during her whole life. Providence Records, B. III. p. 90. Thus we find James Ballou in legal possession of all the property that had belonged to his mother and to his sister Hannah -- he giving bonds as aforesaid. As his sister is not mentioned in either of these two instruments bearing date Jan. 28, 1711-12, she had undoubtedly deceased. This determines her death to have taken place some time between Oct. 22, 1707, and Jan. 28, 1711-12, which is the nearest approximation we are able to make to the date of that event.(*) [(*) Aug. 20, 1885. Our friend John O. Austin, an expert Rhode Island genealogist, has recently discovered and communicated in part a record of the testimony given on trial of the case between John Ballon3 and his uncle, James Ballou2, in 1718, which reports Peter Ballou2 as declaring that his sister Hannah "died fore part of January 1712." This seems to settle the date almost to a day.] The foregoing arrangement appears to have been quite unsatisfactory to John Ballou, the eldest son of Maturin and Hannah (Pike) Ballou. It seemed to him that his brother James had inveigled himself into an undue share of his mother's estate, and he complained of it. He died some little time before his mother, and left his grievance to be cherished by his eldest son, John Ballou, Jr. When his grandmother had passed away, this son insisted that his uncle James should hand over to him a share of the estate, pleading that the three sons and their heirs had all been bound for the old lady's maintenance, and ought to share her property. His uncle James contended that he had borne all the care and expense of her maintenance, and that the entire estate made over to him would hardly make him whole. But John, Jr., brought suit against his uncle, which was tried before the "General Court of Trials" at Newport in Sept., 1718. It seems that the plaintiff lost his case. There are some peculiar and quaint papers extant relating to this case, which we cannot afford to have buried out of sight. They will repay preservation, and, as curiosities, if nothing more, demand a place in these pages. The first of these documents is a Release or discharge made by James, the uncle, to John, his nephew. "Whereas my brother John Ballou did oblige himself and heirs to be at equal part of the expense of maintaining my mother and sister, now deceased, with me and my brother Peter, I do now therefore discharge John Ballou, son and heir of the said John Ballou now deceased, from all costs and charges which have occurred for the support of my mother & sister. James Ballou. Feb. 7, 1717-18." This is only an extract from the instrument, containing the pith of its substance, but is sufficient for our purpose. It looks as if uncle James executed it to foreclose any plea on the part of nephew John, that he and others might be held liable to pay charges for the maintenance of his grandmother and aunt. But it is chiefly interesting as showing that the uncle intended to insist on no unjust claims, and more especially to us of this generation, as indicating proximately the death-dates of his mother and brother John. Another recorded document, discovered by Frederick M. Ballou, Esq., after the foregoing was written, shows that John had deceased previously to "March 4, 1714-15." Hence it is somewhat pRobable that the mother and her eldest son died not far apart -- he during the year 1714, she early in 1715. These instruments are our only dependence for fixing their death dates. We have, however, two much more curious documents relating to this family controversy. Here is a DEPOSITION BY DEPUTY GOV. Joseph JENKS. "I Joseph Jenks, being of Lawful age, Do testify & Say, that Som years ago I was Desired by James Beleu to write a Deed of Some percils of Land, which he told me his mother was minded he should have in Satisfaction for ye Charge which he had already been at for her maintainance, As also for her further maintainance During her life, he also desired me, that when I had writ Sd Deed I would bring it up to his house & Se it Executed, & accordingly when I had writ the Deed I carried it to his house, & when I came there he Sent for his brother Peter Beleu to come to his house to See the Executing of Sd Deed, he also Sent for Some persons for witnesses; & whilst the messengers were gon (which I suppose was about an hour) I fell into Discourse with the Ancient woman, James Beleu's mother, & asked her Several questions -- & to my thinking She answered very Rationally to them all, & as Rationally as She could have done at any time, for many years past: & amongest other discourse, I asked her if She could Remember her age. She Replied She could not, but told me that Thomas Olney had kept her age Ever Since She came to Live at Providence: for, said she, when I first came into this Town, we had discourse about our ages, & found that we were both born in one year: & he has kept my age Ever Since. So after Some Time the Messengers Returned; & Thomas Hopkins & Valentine Inman Came for to be witnesses to Sd Deed; but Peter Beleu Came not -- he having business which Detained him, as was said; but John Beleu came & Seemed very angery, Saying that he thought he ought to have part of the Land. James Beleu Replied, I do not Covet the Land, do you pay me what Charge I have been at, in keeping my mother, & Hannah, & take my mother & Look after her as Long as She lives, provided She be willing to goe with you, & Do you take the Land. John Beleu Replied he would take her; but She made Answer, I won't go with you, John, what will you do with me? you can't Look after me, or to that Effect. So She proceeded to Sign the deed, being Dim Sighted She asked where She must Sign, & I guided her hand to the place & She Signed the Deed, but John Beleu forbid the witnesses Signing, but they proceeded & Signed as witnesses: & I heard not one word, neither from him nor them, of the old woman's being Childish, or Incopassitated for such a business. So I took her acknowledgement of the Deed, & drew a bond wherein James Beleu became bound to his mother for her maintainance During her Life, & So Returned hom: & never heard any more Stir about it untill about Six or Eight months ago: & then I heard that John Beleu was Intended to Sue for the Land Contained in the fore Sd Deed, & had procured witnesses to prove that his grandmother was Childish & not Capeable of making a conveyance at the time when she sined the afore Sd Deed, & that those men which were witnesses to the Deed had given Such a Testimony: the which I much admired at; but I Remembering what discourse I had with the woman about her age, thought I would ask Mr. Olney about it, & accordingly I did, & he told me that when She came first to providence, her father, and mother, her husband and Shee kept Some Time at his father's house, in which time they had Discourse about their age, & found they were both born in one year, & he was then Eighteen years of age: So that Mr. Olney confirming the Truth of what the woman had told me at the time of her Signing the Deed, was a good Confirmation to me that I was not mistaken in Judging her to be of sound memory at that Time: & this I declare to be truth, as witness my hand this 2d of October: 1718. Joseph Jencks. Taken upon Engagent this 27th day of March 1719: before me Richard Browne, Justice of peace." The foregoing has been copied literally from a time-yellowed but well preserved original paper, handed down among other valuable documents to the descendants of James Ballou inheriting the ancient homestead. It appears to be in the hand writing of Richard Browne, Esq., who swore the deponent, excepting only the signature, Joseph Jencks, which is pRobably his own, as it is spelled with a c in it before the k, unlike "Jenks" at the beginning, and shows a lighter use of the pen. Joseph Jenks was a distinguished man and official functionary among the early Rhode Islanders. The deed and bond to which he refers, as having assisted to execute, bear date January 28, 1711-12; which has been shown on a preceding page. The deponent is understood to refer first to "John Beleu," the elder brother of James, and last to "John Beleu," the nephew. He makes neither of these Johns appear to very good advantage in comparison with James, who seems to have been a high minded, fair and just person. Hannah Ballou, the aged widow of Maturin, is shown to have been a discriminating, shrewd woman, with downright common sense and a positive will. She was not to be trifled with. This deposition gives us our best indications concerning Hannah (Pike) Ballou's age, yet is not desirably definite. Mr. Olney and she were born the same year. They were eighteen years of age when she first came to Providence. But when was that? Her parents, she and her husband dwelt for a time with Mr. Olney's father. Was she then already married to Maturin Ballou at the age of eighteen? Or is it only meant that he who became her husband lived in Pike's family? There is constructive room for conjecture; and it is a reasonable conjecture, that the Pike family, with Maturin Ballou, may have come to Providence as early as 1644, though their land grant is dated in Jan., 1646. We have no means of settling these points. We shall assume, however, that they were living at Mr. Olney's in 1644, that Hannah Pike had not then been married, was at that time eighteen years old, and was pRobably married two or three years later. If so, she was eighty-five years of age or thereabouts in 1712, when she executed the deed to her son James, which Joseph Jencks wrote and took her acknowledgment of. and if so, she must have been eighty-seven or over at her death, which pRobably took place not far from 1714. If we have not mistaken facts in assuming that the deponent spoke first of John Ballou, Sen., and afterwards of John Ballou, Jr., then it would seem that John Ballou, Sen., must have died perhaps before his mother: i. e. during 1714, and she early in 1715, as already conjectured. This point must be left in some obscurity and uncertainty, for want of requisite explicit data. | ||||||||||||||
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| Last Modified 24 Jan 2001 | Created 26 Jun 2001 by Reunion for Macintosh |