USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 2 > Part 10
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[August 29, 1681, " Francis Hudson was abated 308. of his rent for Winisemt Ferry, for ye yeare that is past ending ye 1st of August." 24 ]
gave a power of attorney to John Floyd to sell land inherited from his father, Thomas Moulton of Charlestown, and was born about 1633. See vol. i. p. 296. Moulton's Point was so named from Robert Monlton, ship- wright; see the vote of the General Conrt in 1634. Mass. Col. Rec., i. 124.] 22 Boston Ree. Com. Rep., vii. 115. [Robert Williams, lessee of the ferry from Boston to Winnisimmet in 1641, left his estate to his two sons, Joseph (born Jnly, 1641) and Benjamin, and his daughter, Phebe Eglin, by will dated October 12, 1677, and probated January 30, 1677/8. It there appears that the father and sons possessed three houses, built on the father's land, with the " beach or wharfe" lying before them. In the inventory of the father's estate are the items, - " One third of the fferry Boate " £1 . 10s, and " Dne from Benjamin for the use of the fferry boate," £1 1s. (Suff. Prob. Rec., L. 6, ff. 216, 217; 1. 12, f. 199.) Doubtless the lease of the ferry was held by the father, Robert Williams, from 1641 until his death, and was then continued to his sons, who had been partners with their father during his lifetime. The land of Robert Williams was on Lynn Street, now Com- mercial Street. In 1683 and in 1706 Samuel Ruck owned the land and flats to the east. In 1706 Phebe Eglin sold her share of the land to James Free- man. Thus near Ruek's and Freeman's wharves, as shown on Burgiss' map of 1728, stood the houses and wharf of Robert Williams and his sons. For the map see Shurtleff, Boston, 92. See also Suff. Deeds, L. 12, ff. 151, 370; L. 23, f. 79; L. 24, f. 274; Boston Rec. Com. Rep., viii. 54.
23 Boston Ree. Com. Rep., vii. 140. [ Francis Hudson was mentioned as lessee of the Charlestown ferry in 1648, in 1662, and in 1675, and at the settlement of his estate ferry boats were inventoried. Presumably the Charlestown and Winnisimmet ferries were now placed under the same management. According to Judge Sewall, Francis Hudson, who came from Chatham in England, " was one of the first who set foot on this Peninsula," Diary, ii. 24.] 24 Boston Rec. Com. Rep., vii. 148.
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[CHAP. XXIII
CHAPTER XXIII
WINNISIMMET FERRY IN COURT
THE Maverick Ferry, like so many things at Winnisimmet, seemed predestined to litigation. When Samuel Mav- eriek sold Winnisimmet Ferry to Richard Bellingham in 1635, there was a life interest in William Stitson, which, commuted to an annuity of three pounds, he sold to James Russell of Charlestown; and as Riehard Wharton, manager of the Bel- lingham estates, refused to pay this annuity, a suit against him therefor by Russell was tried at Charlestown, December, 1679, and resulted in his favor.1 It was reviewed the next year, and this is the record :
To the Marshall of Suffolk or his Deputy
You are reqrd in his Maties name to attatch the goods & Estate late of Richard Bellingham Esq! decd now of Samuel Bellingham in the hands of m" Richard Wharton Administr to the sd Estate, , or wherever else the same may be found to the value of Forty thrce pounds mony and Secure the same to be responsable at the next County Court to be held at Charlestownc then & ther to Answer the Complaint of James Russell Esqr, Hcirc & Execut" to Richard Russell Esqr late of Charlestown decd Assignee of William Stit- son of Charlestowne in an action of Review of a Case heard & trycd at the County Court held in Charlestown 2 in December last, wher in the present plaintiffe was then plaintiffe against the
1 [MSS. Rec. Middlesex Co. Court, 1671-1680, p. 297.]
2 It is noticeable, first, that Charlestown, instead of Cambridge as after- wards, was the county seat for Middlesex; that the suit was review by writ of attachment without summons; that the amount of the attachment was in moncy value instead of " truck and dicker," in vogue in those days when money was scarce; and lastly, a fact which I had not before seen, that Richard Wharton was administrator of Governor Bellingham's estate. [See vol. i. p. 448.] Another fact is not without interest: The writ was not served by a marshal or his deputy, nor by a regular constable, but by an officer appointed by the court for the purpose. [The writ and summons were served out of the county in which the suit was brought, hence the order to the marshal of Suffolk was signed by Nathaniel Barnes, " Clerk of the writs " for Boston. See infra, note 3.]
,
95
CHAP. XXIII] WINNISIMMET FERRY IN COURT
aforesd Estate for Rent of WinnySinnet ferry now amounting to twenty one pounds tem shillings for Seaven Years & two Months Rent of ye Same at three Pounds @ year in mony. with all due damages and so make a true returne hereof under your hand Dated in Boston June 10 . 1680
Nathe Barnes ? Curiam for the towne of Boston."
What follows is a copy of the proceedings in review, with depositions sent up to the Court of Assistants ou appeal from the County Court.
At a County Court held at Charlestowne, June 15, 1680 -
M' Jams Russell Mr James Russell pł. agt mr Ri: Wharton
agt attorney of m' Samuel Bellingham deff! Jn an mr Wharton accon of ye case. vpou reveiw, for rent of Winisimett ferry, for 7: yoare & 2: mno. at 3! { and. money. with all due damages, acording to attachmnt on file. Both ptyes appeared, The Jury haveing heard & consid- ered ye pleas & enidences in ye case, brought in their verdict finding for ye pt. damages twenty one pounds ten shill : in money, & costs of Court.
The Deff! made his appeale to ye next Court of Assistants.4
The depositions contain interesting facts :5 --
The deposition of William Kirthe Aged Seauenty flower years or thereaboutes Testefieth yt he lined wth Richd Bellingham Esq" aboue forty years Since when Deacon William Stitson kept Win- nisimett fferry and I vndstood my sd Master Bellingham huired the fferry of ye Said William Stitson . & I was ye first man he
3 [The original writ is in Middlesex Court Files, June term, 1680. It bears the following endorsement: " June . 10 . 1680. J attached a peice of land at the South end of the Town of Boston weh mr Wharton directed me to attach to respond the action, and left a Summons at Mr Richard Wharton's house. Joseph Webb Marshall."]
4 | MSS. Ree, of Middlesex Co. Court, 1671-1680, p. 315. A copy attested by Jonathan Remington, Clerk, is in Chamberlain MSS., i. 43.]
B. [ The original depositions, discovered in the Middlesex Court Files, have been followed in verifying the text. The depositions placed in the text in brackets were also found in the Middlesex Files. Two papers filed there have already been given, -a copy of the deed from Stitson to Russell, supra, p. S8; a copy of the votes of the General Court at the September session in 1676, declaring the will void, and appointing Richard Wharton, attorney to Samnel Bellingham, administrator of the Governor's estate. Vol. i. pp. 447, 448.]
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[CHAP. XXIII
imployed in keeping of ye Said fferry & afterward Ionathan Balston did help mee keep it for a Short time & farther Saith not 15 . 4 . 80 sworn in Court J : R : C: - "
The Tistymony of John floyd 44 yeers or thare abouts sworne & sayeth : Leiftinit Smeth of winnesimt doth live vpone the farm of 7 mestor Billingham (at winisimet) & doth Cecp fery, (in right of his lease) and has done: Ever Since he hath beene thare J meane by his Sarvants: and forder sayeth nott 15: 4: 80 : sworn in Court. J : R : C :
[The deposition of Wm Stitson, aged @ 80 : Years, testefieth y Thomes Harris liued at Winisimet, @ fforty nine Years since & was Wont to transport psons over the Riuers, to Charlstowne & Boston till he died, and after that I Married his Widdow, and kept ye fferry, as my pdccessors did And m" Sam! Maueriek sueing to ye honored Gen!' Court ffor a Graunt of ye fferry, John Winthrop Esq! being Governo! ye Court would not graunt It to him, before they Spake wth me, who then kept it, Soe mr Mauerick & I agreed - that I should haue it, dureing my Natureall life, And hee and his Heires were to haue it afterwards, Soe I Continued, in ye Possesitio of it Diuers Years, till I sould my Right or Jn- terest, to Richd Bellingham Esq" ffor three pounds + Annum, ffor wch he Gaue mee a Bill, Payable, at 30$: Each Halfe year, in money : dureing my Natureall life, wch Bill was Written by John Winthrop Esqr the then Gouerno! at his Owne howse, and Sighned by ye sd Bellengham, and Accordingly he paid mc diuers Years Rent till I sould it to m' Richd Russell; and farther saith not.
Sworn in Court : 15.4 :80. J : R. C.
The testemony of Elias Mavericke Senior aged 75 yeares witt- neseth that the possession of the fferry at Winnasimt hath beene in the hands of my ffather-law William Stitson & his p"deeessor, from the minority of this plantation & was granted to him During his lyfe wch interest of his he afterward sould to the worp! Richard Bellingham for three pounds { annum during his naturall lyfe, & he againe sould that interest to the Worl Richard Russell Esq" 15 : 4 : 80 sworn in court as attests J R C
He further addes that sinee m" Wharton had Administra, on ye estate of mr Rieh : Bellingha dee. lift: Smith : improeves the said ferry as tenant to mr Bellingham
James Russell aged about Thirty nine years Testefieth yt haueing
6 [Jonathan Remington, Clerk of the Middlesex County Court.]
7 ["Right of" was cancelled, and the words "farm of" substituted. This and the words included in parentheses were interlined in the handwriting and ink of the final endorsement.]
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CHAP. XXIII] WINNISIMMET FERRY IN COURT
Examined ye Books of his honored ffath" Richd : Russell findes y' he bought of Deacon William Stitson in ys year 16 & fifty One his interest in Winnisimett fferry being three pounds t' Annum dureing his life web he vnd'stands in! Richd Bellingham was to pay, for weh ye writeings were to be delivered to Richd Russell aforesd, but not being found by ye sd James Russell, he hath Searchd ye acco!" wch were between ye aforesd Bellingham who was Somtimes Gouerno! & his said ffather & ffindes he was fre- quently charged w!h three pounds ? Anum for rent as aforesd since ye sd Bargain, & yt it was alwaies owned & paid by ye sd Gouerno! till his death & since allowed, J suppose by mr Stodd! as ouerseer to ye said Gonerno!" Estate till y: 26 . 1. 1673 and since nothing hath been paid as he can finde So there rests due to ys Estate of Richd Russell six years & Eight Monthes rent, wch Amounts to twenty pounds in mony & farthr saith not 16 : 10 : 79 sworn in Court J : R : C : Since due 6 Monthes more { rent June y: 15. 1680 { J R
Coppy of Richd Russell Esqrs book - 8
To Brother Stitson ye 20!h of ye 7th 51.
Bought his interest in Winnisimett fferry for his life ye deeds being to be made ouer being 3' # annum fromn y: 25 March 1651: gaue him on Redding cloth 6/6 [?] to pay his Countrey rate.
16 : 10 : 79. A true Copy Compared with ye Booke as attests J : R C] º
Case before the Court of Assistants
Sam !! Bellingham Esq" Appell - Reasons of appeale from a James Russell Esq" Defend! judgment of the County Court at Charlstowne. 15 :4 : 1680.
1t The process and Bill declareing The action to be a reveiw, and nothing of any former action or Case upon tryall being brought to Veiw, Jts humbly Conceived unreasonable and Jllegall upon that process to give judgin! agt the Appellt;
8 [This is the endorsement on the paper. In the margin are the words: " not mentiond . his accot fo 159."]
" [Andrew Belcher, an employee of Richard Russell, 1659-1661, testified to the receipt of the annuity. The verdict handed in by the jury is also on file.]
VOL. II. - 7
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HISTORY OF CHELSEA
[CHAP. XXIII
2ª A Specialty for ye prtended Debt being proved, an assign- ment of that Specialty as our law Dircets ought alsoe to haue been produced and proved, and without that noe foundation for a legall Verdict,
3d: Neither Mr Russells frequently Charging, nor ME Belling- hams often paying proves Mr Bellingham under any future obli- gation, This might be upon M! Stilsons Jnstant or yearly request to M' Bellingham, and his promise from tyme to tyme to Mr Russell, as finding Discount ye casiest way of payment, Nor is Mr Stoddards payment any proofe agt ye appellant, for it is Very memorable - That out of that Estate he frankly paid where nothing was due, - 10
4ly Annuityes admitt not of Verball assignmts, more being necessary to make them Valid, Jf a specialty passd upon ye prtended Contract, Something its probable was to be pformed by Mr Stilson, as well as three pounds { ann : payable by ME Bell- ingham ; and Jn regard ye Specialty appears not - Jt may Ration- ally be Thought, that after soe much money paid by ME Bellingham to M' Russell for a Redding Cloath, Mr Russell might for Somc Such Small Consideracon, Cancell ye Specialty, if not it ought to appeare, and then probably the terms and ten! might Speake Somc obligation on the other Sides, or Satisfaction might be found Jndorsed, However ye Casc being without prsident under such Cir- cumstances as attend it it may be of Vexatious Consequence to leaue it for a prsident, for if it Soe stand what Generation Can be Secure from ye Cancelld obligations of their Ancestors, soe long as Testimony or record Can be found that they were once Jn debt,
The p'misses are humbly left to Serious Consideracon with request that the process proofes and judgmt may be Compared with our laws, and that law and Evidence may Guid ye prsent jury, and that Suppositions and Jmaginacons of Equity (upon wch ye form" Verdict was bottomd) may be left to the proper judges, and then the appellt may legally Expect ye Reversion of the form" judgment and Costs of Courts.
Richard Wharton Attourney to ye Appell!
Received these Reasons of Appeale
September 2ª: 1680 Jonathan Remington Cleric 11
10 Stoddard was one of the trustees under Governor Bellingham's will; and the payment by him of the annuity for the ferry was before the Gov- ernor's will had been set aside in 1676.
11 Chamberlain MSS., i. 45.
M
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CHAP. XXIII] WINNISIMMET FERRY IN COURT
Answere to in! Richd : Wharton Attorney to m' Sam! Bellingham
his Reasons of Appeale from ys Judgint : of ye County Court at Charlestowne 15! 4th 1680.
In p! The Defend! declares it was ye Same Case & Action yt was formerly tried viz ffor Rent of Winnisimnett fferry And if there had bin Reason for any Such plea it shold then have been made by the Apell!
2 Jn ans . to his 24 Reason of Appeale; yt both ys Debt & Assignem! was proned to ye Sattisfaction of y: County Court and will JJ doubt not to this Honored Court, and though he accompt it not Legall yet I conceiue if he concid how Long Since this matter was transacted he will ffinde it to preced those Lawes to wth 1 suppose he refers, weh cannot looke backward -
3 Tho m! Russells ffrequent Chargeing & m5 Bellinghams paying doe not proue a future obligation; yet a future obligation being proned they are good circumstances to confirme ye Same, Considering its well known y! Deacon Stitson is A man soe inst, y! he would not desire paiment where it was not dew, And y? Late honored Gouerno". Bellingham was Soe prudent, yt he would not haue paid or discoumpted three pounds ? Annum soe many years as he did had he not bin obliged therevnto, Altho discoumpt was Soe Easy A way of paiment, as ye Apellant intimates. And if m! Stodder hane paid mony not dew, it cannot be aplied to this case, this being A iust debt yt is Sued for, by which ye sd Bellinghams Estate has & dus reap benefit continually
4 There has bin more then A Verball Assignement of this Annuity Sued for (tho ye papers nener came to my handes, being Som way or other miscaried) as I hope will Enidently Appear to this Honored Court by Sufficient Testimonyes, And its not rationall to imagine, yt any thing more was obliged by Wm Stitson then that m" Bellingham Shold inioy the benefit of the fferry dureing his life he paying him or his Assignes three pounds ? Annum in Mony, wch ye Apellant intimates to be irrationall yt So many years rent or Soe much money shold be paid for A Reading Cloath, with- out intimateing ye Vallew wsh was paid besides wch was in all @ twelve pounds & had it bin less its not materiall soe long as it was agreed vpon, & accepted of ffor Sattisfaction by ye then own! Deacon Wm Stitson. And my honored ffather did run ye Hazard of his life, weh like vnto other mens is in Scripture Accompt very vncertain, & by constant Examples it daily Appears, and if he had died in half A year all ye rest, had bin lost and besides twolue ponnds laid out thirty Years agon in Land at Boston & diners oth" places of this Countrey is now worth more then three pounds ₹ Annum in good Estate of inheritance, And also ye Apell! prof-
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[CHAP. XXIII
ered mee good part of ye Somm y' I haue recovered of him before I Sued for it prouided I would resigne vp my interest in this Annuity to him weh had I donn I doubt not but he would haue made ye best of it at prsent & for ye future, web I haue ye more reason so to judge becaus he has inforind mee he has Express ord! from my Bellingham not to pay this debt as well as oth's vnles it were recouered by Law & defended to ye vimost, weh J judge is ye only cause of his giueing this honored Court (& my self) this troble at prsent; for he did own at Charlestown Court yt he did beleue there was money dew to mee on this acco! weh I doubt not will Euidently Apcar to this honored Court & lury soe yt they will See reason not only to Confirme ye judgmt of ye fform! Court but also to allow ye Defendant for Soe long fforbearance wth Cost of Courts &e weh I leaue to yo! prudence & Subscribe
Yo's James RUSSELL 12
12 Chamberlain MSS., i. 47. The judgment in the Court of Assistants has not been found, but probably it was for Russell, for more than ten years later there appears on the records another suit for this annuity : 1690, Oe- tober 28. At a County Court held at Boston "James Russell of Charlestowne Esq! Assignee to Wm Stitson of Charlestowne yeom PIt vers. Samuel Belling- ham Esq! Deft in an Action of the Case for non payment of the Summe of ten pounds ten shillings in money due for three yeare and an half's rent of Winnisimet fferry at three Pounds $ annum begining in or about the month of March 1686/7 &ea Aeeording to Attaehmt dated 13. Octr 1690." Judgment for the Plaintiff. [" This Judgemt was not deelared till Janry Court, the Deft being out of the Country."] MSS. Rec. Suff. Co. Court, 1680-1692, p. 372. [Richard Wharton died in 1689, and Samuel Belling- ham had no agent in New England; see vol. i. p. 495. The judgment of the Middlesex County Court in June, 1680, was affirmed on the appeal. Ree. of Court of Assistants, i. 164.]
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101
WINNISIMMET FERRY
CHAP. XXIV]
CHAPTER XXIV
WINNISIMMET FERRY
Acts and Orders
THE ferry snits ended, I resume the orders and votes re- specting ferries by the General Court and by the town of Boston. The town ferry does not seem to have been profit- able to the lessee; for February 22, 1685/6, " Francis IInd- son beinge indebted to the towne for the rent of the ferry to Winesemet hath this day given 2 bills payable to the Treasurer of the towne, one to pay £10 in mony the 1st day of October next ensueinge and £10 the 1st. of Octobr in the yeare 1687 which is in full for rent of said ferrie untill the 1st . of Angust next ensneinge the date hereof. Then let to said Hudson the aforesaid ferry from said 1st. of Angust next for 7 years, he payinge to the Treasurer of this towne or his success". yearely the some of £5 in mony p. an. as p. Lease." )
Five years later, May 25, 1691, Francis Undson had thrown up his lease of the ferry, as on that day it was let for one year to Samuel Hudson and John Scollay. July 13, 1691, Francis IIudson was indebted to the town fifty shillings, which he promised to pay to the Treasurer, twenty five shillings in inoney the next week, and twenty five shillings in money " in some convenient time after." 2
1 Boston Rec. Com. Rep., vii. 182.
2 Ibid., 208, 209. [ At a meeting of the seleetmen of Boston May 11. 1691, " Francis Hudson throughing up his Lease of Winesemet Ferry & relinquish- ing his Interest therein, and clayme thereto The said selectmen impowred referd it to Mr James Taylor Treasurer to agree with any other man or men to keepe the said Ferry." The lease from the selectmen to Samuel Hudson and John Scollay, dated May 25, 1691, is in Original Papers, vol. i., in the City Clerk's Office at the Boston City Hall. The rent was payable quarterly, and the lease was renewable at the end of the year. The ferrymen agreed " that all Magistrates shall have their Ferriage free from time to time dureing sd terme." Doubtless Samuel Hudson was a son of Francis Hudson, the former lessee. Hle was born July 19, 1650, and married a daughter of Sampson Shore, who conveyed to him a house lot "neare Winisimet .
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HISTORY OF CHELSEA
ICHAP. XXIV
June 26, 1693. " Ordered that John Seally shall have a leas of Wenesinnet ferry made to him for 3 years at 51d p year." 3
1693, June 9, the General Court enacted that any ferryman who should " at any time neglect, refuse or delay the con- veying, over his or their ferry, any postman or his horse," should forfeit five pounds.4 November 22, 1693, "Constant ferrymen " were exempted from training.5
In those days when the population was small, and visits between the two places occasional, ferrymen apparently made their trips only as they had a freight. Hence regulations by law :
Dee. 17, 1696. " Whereas there is a constant recourse of travel- lers and others for passage over the ferries betwixt Boston and Charlestown, and betwixt Boston and Winisimet; therefore, for prevention of the great inconvenience and damage that doth or inay happen to persons by being hindred and delayed at the said ferries for want of speedy transportation over the same, - Be it cnacted. . . .
ferry place," adjoining to the west the land of Robert Williams. (Suff. Deeds, L. 9, f. 73; L. 12, f. 151.) Possibly he died before the time of the next entry given in the text, as by will dated August 21, 1697, Francis Hudson made a bequest to " Francis Hudson and Samuel Hudson, Sons of my Son Samuel Hudson deced." Suff. Prob. Rec., L. 14, f. 243.]
Under the Andros régime a paper was prepared entitled an " Account of Rents belonging to the Towne of Boston to be anualy payed by sundry par- sons under Written Jan. 12th 1687 [1688] : to be payed to the Tresurer for the use of the ffrae Sc." One item was: "ffranses Hudson for Wenesemet ffery p Lease for 7 yearcs fro[m August 1] 1686 payed to Agust 1687 : 5if p anum." (Town Papers, 1637-1712, at the office of the City Registrar, Boston. )
3 Boston Rec. Com. Rep., vii. 215.
4 Mass. Provincial Acts and Resolves, i. 116. [This was entitled an " Act Encouraging a Post-Office." It provided that postriders might pass over " all and every ferry within this province . . . without paying any rate or sum of money, either for his own or his horse's passage." This act was disallowed by the King. An " Act for Regulating Ferries," passed October 25, 1694, provided that "if any ferryman shall be complained of and duely convicted, before any justice of the peace, for delaying any post and not forthwith ferrying of him over, he shall forfcit the sum of twenty shillings." No mention was made of free passage. Ibid., 183, 184. May 26, 1703, John Campbell, Postmaster of Boston, in a petition to the General Court, complained: "The ferrymen are very backward in carrying those employed in the Post Office, and do require money sometimes." 3 Coll. Mass. Hist. Soc., vii. 62; also ibid., p. 55.1
5 Mass. Provincial Acts and Resolves, i. 130.
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WINNISIMMET FERRY
CHAP. XXIV]
" (1) That the person or persons that are, or from time to time shall be imployed for keeping Winisimet Ferry, shall con- stantly maintain a good boat or boats in good repair, suitable for the said ferry, on each side of the water, and that such boats, whether there be any passengers in the same or not, shall put off from their respective shoares to go to the other side, upon each day in the week (the Lord's Day excepted ), at the hours of five, seven, nine and eleven a clock before noon, and at one, three, five and seven of the clock after noon, throughout the whole year, so as it be within daylight, on pain that every such ferryman or ferrymen, being complained of and convicted before any one or more of his majesty's justices of the peace of neglect of his duty in not crossing the said ferry at the several times and hours before- mentioned, shall forfeit and pay the sum of twenty shillings, one- half to the informer or complainant, and the other half to the use of the poor of the town of Boston. And such justice or jus- tices may restrain the offender or offenders until he or they shall pay the said sum.
" (2) That all posts and expresses for his majesty's service, and other persons having extraordinary business, as in cases concerning life and death, shall be speedily transported over the said ferry at any time or season, without delay, on the penalty aforesaid, anything herein before contained to the contrary notwithstanding : provided, nevertheless, that such ferryman or ferrymen shall not be obliged to put off from their respective shoares, and pass the said ferry at any of the times or hours before stated, if it manifestly appear to be hazardous for them so to do by reason of any storm or tempest, or that in the winter the ice do hinder the passing of any boat across the said ferry." "
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