Marriages by the primitive form of "hand-fasting" were not unknown in Massachusetts. An intelligent French refugee, who visited Boston two years after the revocation of the Edict of Nantes, writes that "there are those who practice no Formality of Marriage except joining Hands, and so live in Common."[649] But the most celebrated instance of self-_gifta_ is the case of Governor Richard Bellingham, who in 1641 entered into a private marriage with Penelope Pelham, herself "about forming a contract with another."[650] "Two errors more," says Winthrop, "he committed upon it. 1. That he would not have his contract published where he dwelt, contrary to an order of court. 2. He married himself contrary to the constant practice of the country."[651] The governor was therefore indicted for his offense by the grand jury; but "he declined to leave his place on the bench" over which he presided, "in order to take a position in the dock, and thus 'escaped both trial and punishment.'"[652] The secretary "postponed the case amidst excitement, and it was not again called up."[653] [Footnote 649: SHURTLEFF, _Top. and Hist. Description of Boston_, 51.] [Footnote 650: GOODWIN, _loc. cit._] [Footnote 651: WINTHROP, _Hist. of New England_, II, 51, 52. One might cheerfully forgive Governor Winthrop, had his sense of historical propriety suffered him to go farther into the details of the marriage customs. He apologizes parenthetically: "I would not mention such ordinary matters in our history, but by occasion of some remarkable accidents."] [Footnote 652: MORSE, in _Mem. Hist. Bost._, IV, 572. The _MSS. Records of the County Court of Middlesex_ (Apr. 1, 1656), I, 80, contain the following case: "Mr. Joseph Hills being presented by the grand jury for marrying of himself contrary to the law of the Colony (page 38 of the old book); freely acknowledged his offence and his misunderstanding the grounds whereon he went, which he now confessed to be unwarrantable. Admonished by the court."] [Footnote 653: GOODWIN, _loc. cit._ See further on Bellingham's marriage HILDRETH, _Hist. of U. S._, I, 279; _Mem. Hist. Bost._, I, 575.]