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 14
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At the session of the General Court beginning May 13, 1640: Ordered that " Mr. Willi: Hauthorne, Mr Samu: Symonds, & M' Tymo: Tomlins are to set out the nearest, cheapest, safest, & most convenient way between Linn & Winnetsemet, & to settle it accordingly.
" When the way is layd ont between Lim & Wimmnetsemet, it is to stand both for the foote way, as also for the horse, cart, & drift way, as they shall settle it, & no other to bee alowed for horse nor ffoote./ " 3
The selectmen, October 26, 1640, ordered: "The Bridge to bee built at Romney marsh is to be done with all speede, and Mr. Cogan hath undertaken to see the same donne for the Towne of Boston." 4
Quarter Court, Boston, December 1, 1640. " Boston, the wayes being newe Jayde out, had time to repair them between Powder Horne Hill & the written tree till the [ blank. ]." 5
At a General Court held June 2, 1641 : " The Governor, Deputy Gov"no", Mr Winthrope, Seni:, Mr Humfrey, Inc: Nowell, Mr Hauthorne, Mr Hibbens, & Mr Coitemore are appointed to settle, for a finall conclusion, the way from Winnetsemet to the written irce./" "
The Selectmen, July 26, 1641 : "Ordered that the Constables of Boston shall pay those workemen that were employed about the way at Rumney marsh, betweene Winnesemett and Lynne, at 18. 6d. a day ; if it be payd in Indian Corne, they are to have it at 3s. a bushel. ... |It's agreed that our bro. Beamsly is to be payed for 10 rods of Cansway done by him on the further side of the bridge at Rumney marsh, at Gs. per rodde, together with a sinall parcell of worke on the hither side of the said Bridge, which cometh to 1s. 6d .; in all, £3 1s. 6d."] 7
At a General Court, October 7, 1641: " It is ordered, that the high way between the written tree & Winnet semet should bee made sufficient for carts, horses, & men by Boston wthin 3 months, upon paine of 20t. .
2 Mass. Col. Rec., i. 285. Washington Avenue northward.
8 Ibid., 289, 296.
4 Town Ree., 1634-1660, Boston Rec. Com. Rep., ii. 56.
5 Mass. Col. Rec., i. 310.
Ibid., 332.
7 Boston Rec. Com. Rep., ii. 62.
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The Order for the High Way fro the Written Tree to Winnelsemet
Wee, whose names are hearunder written, being appointed by the Cort to lay out the country high way fro Winnet semet towards Linne, have agreed that it shall go, as formerly, from the water side to the foote of Powder Horne Hill, & from thence about the west end of the said hill, & over the east end of Sagamore Hill, & thence to turne up above the swamps to the line of partition between Charlstowne & Boston, runing along thereby conven- iently near to the great swamp, turning downe by the south side thereof to M' Keaynes cart way over the said swamp, & so along in the said cart way over the brooke neare unto the ould bridge, & thence in the most convenient way to the new bridge./
RICHER BELLINGHAM, Go:, JOHN ENDECOT, Dep :, JOHN WINTHROPE, & INCREASE NOWELL." 8
We can trace the line of the road thus laid out and substan- tially remaining to-day. It began in front of the old ferry ways, westerly of the Charlestown bridge, and ran easterly aeross Salem turnpike, then turning westerly reerossing the turnpike (so I understand John Low to say) ; then easterly and again erossing the turnpike in front of the old tavern, which stood easterly of the Salem turnpike, and nearly oppo- site the foot of Beacon Street ; thenee trending easterly through Park, Pearl, and Hawthorn streets; thenee westerly across the turnpike into Washington Avenue, as it now runs past the easterly side of Woodlawn Cemetery northerly to Lynn.9 But
8 Mass. Col. Rec., i. 338, 340.
9 [John Low described to Judge Chamberlain the town road of 1824. In a Report on Roads made by the selectmen of Chelsea October 18, 1824 (Chelsea Town Rec., iii. 152), the road was described as beginning at Chelsea Bridge and running southerly and easterly of Salem Turnpike to a point nearly opposite Samuel Chittenden's house, there it turned into the turnpike, which it followed to a point nearly opposite Jeffrey Williams' house, then it turned south around the old tavern house to the turnpike again, thence it passed to Dr. Shurtleff's gate, thence northerly across the turnpike to Dr. Danforth's farm. Presumably the first road went direct from the ferry landing on the United States Hospital grounds to Dr. Shurtleff's gate at the corner of Hawthorn and Park streets. When the ferry landing was moved from the Maverick farm to Governor Bellingham's farm, the road from Lynn was necessarily diverted to this new landing- place opposite the old tavern. From the tavern and ferry the road then followed the shore to the Maverick, or Brintnall, farm. The houses of
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CHAP, XXV] HIGHWAYS, TOWN WAYS, AND BRIDGES
did it run casterly or westerly of the great hill which bounds the Lynn marsh on the west ? There is an old cart track, still practicable, which passes the easterly side of that hill, which may have been the old road."" The exact position of the " written tree," " which served to mark the boundary between Boston and Charlestown then - now Revere and Malden - is not known, it having long since disappeared.
At " a generall Townsmeeting," January 10, 1611/2: "It's agreed that for the making of the high wayes at Romny Marish now ordered by the Court, each man in particular throughout the Towne shall afford their helpe, in six severall Companyes, at the appointment of Wilham Tynge, Treasurer, Captaine Gibones, Captaine Keayne, John Newgate, Samuell Cole and Joh. Oliver." 12
August 29, 1642. " It's Ordered [by the selectmen | that such at Rumney marish as have bene defective in their hands and Teames for mending the high waves heere in the Towne, according to order, shall yeild their helpe in mending their high wayes in Rumney marish, and others that are bound by order to worke at the highwayes in Rumney marish, shall worke at the high wayes about the Towne in their stead." 13
Samuel Chittenden and Jeffrey Williams were not built until after the Salem Turnpike had been laid out, and the curve in the road from Chit- tenden's house to the bridge was due to the fact that the town claimed as a public landing place the shore between the bridge and the western bond- ary of the Ferry farm. See supra, vol. i. pp. 57-59; infra, p. 176; also the map opposite p. 294, vol. i., and the earliest plans of the Ferry and Shurtleff farms cited vol. i. p. 391.]
10 [ See the plan of the Slade farm, formerly a part of Elisha Bennett's farm, in Sutl. Deeds, L. 435, f. 98. In 1711 the road crossed the boundary between Runmey Marsh and Lynn at Park Avenue, as the north-north- west line which formed the boundary " began at Bride Brook where it runs across the Road." (Boston Rec. Com. Rep., viii. 85.) In 1639 and in 1657, it began at " Brides Brooke, neere to the floote path." (Supra, vol. i. p. 268.) ]
11 Elt stood near the tall pine which in early days marked the point where the boundary between Boston and Charlestown (now Revere and Malden) turns sharply toward the northwest. Mass. Col. Rec., i. 150, 162; also supra, vol. i. pp. 267, 279.]
12 Boston Rec. Com. Rep., ii. 65. [September 27, 1641, the seleetmen voted that " for the maintenance of the high wayes, the Rieber sort of Inhabitants shall afford three dayes' worke of one man (except such as have Teames) ; the men of middle estate, two dayes worke; and the poorer sort one day "; and "every Teame in the Towne is to afford one daye's worke." The surveyors of highways were to direct the work, and might levy the fines by distress, Ibid., 62.1 13 Ibid., 70.
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Generall Court, 1642, September 27. " It is ordered, that the high way from the written tree to Winnetsemet should bec alowed through Mr Keaynes & Mr Newgates ground till the other way bee mended, & the gates made convenient or left open for men to passe./ " 14
At a meeting of the seleetmen, December 2, 1644: " Its ordered that the Constables shall pay unto Walter Merry 5s. for Fencing set up at the upp end of his garden by reason of the high way there, and 3s. for the use of his boat to Winnescmet to carry workmen to repaire the high wayes there." 15
The expense of fencing against the highways probably led proprietors of adjacent lots through which a road passed to run their division fences aeross the highway and thrus prevent cattle passing out of their own fields into those of their neigh- bors. At such points, gates or bars became troublesome to travellers, and this led the General Court, which met May 26, 1647, to order :
" Upon information yt divers high wayes are much annoyed & incumb'ed by gates & rayles erected upon them, it is ordred & enacted, . . . yt, upon any information or complaint made cithr to ye Corte of Assistants, or any County Corte, of any such gates or rayles .. . , ye same Corte shall appoint a committee of discreet & indiffrent psons to veiw such incumberance, & to ordr ye reforma- tion thereof; & if ye pties whom it shall concerne shall not submit to such order, they shall require them to appear at ye next Corte, where ye cause shalbe heard & determined for ye ease & con- veniency of travelers, wth due respect to ye pprietrs cost & damage." 16
The following may be the first law passed in Massachusetts, making towns liable for the condition and safety of highways within their limits.
March, 1647/8. "This Corte considering the great pill wch men, horses, teames, & othr cattell are exposed to, by reason of defective bridges & high wayes between Boston & Salem, & else-
14 Mass. Col. Rec., ii. 28. [October 17, 1643, Boston was given six weeks in which to finish the repairs on this road. Ibid., 50.]
15 Boston Rec. Com. Rep., ii. 81.
16 Mass. Col. Rec., ii. 192. [See infra, p. 166.]
.
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where in this jurisdiction, it is therefore ordred, that if any pson loose his life in passing] any bridge or high way aforesaid, (after dne warning given of such defective wayes & bridges,) the country or towne who ought to secure such wayes or bridges shall pay a fine of 1001 to the parents, wife, or children of the party so deceased; & if any pson loose a lime, breake a bone, or receive any othr brush or breach in any pt of his body, by such meanes as aforesaid, the country or towne through whose neglect such hurt is done shall pay to the party double damages; the like satisfaction shalbe made for any teame, cart, or carriage, horse, or othr beast, portionable to the damage sustained, (as aforesaid. ) " 17
May 26, 1617. "The Corte hath appointed Leift Sprage & Frane Smith to lay out ye way from Winnetsemet to Reading." 18
October 18, 1648. " Upon the petition of Mistick side men,19 it is ordered, that Thomas Line, Junior, & Mr Joseph Hill shall be ioyned wth the former committee to take a new survey of the most convenient place for the way from Reding to Winnetsemet, & to make certificate of their apphensions thereabout." 20
9 May, 1649. " Mr Joseph Hill, Left Sprauge, Tho Lyne, & Franneis Smith, as a committee, bringing in their retourne of a high way laid out by them from Redding to Winisemett,21 informa- tion was given that this was lesse behoofefull to ye country then the form"; wherevpon the Courte, considering yt it is and willbe of great concernement to the publicke that the best high wayes be layd out from tome to toune for publicke vse, wch concernes posterity as well as ourselves, and that no private interest should hinder it, have ordered, that Mr Cleoments, John Osgood, and Frauncis Smith, as a comittee, shall have power to lay out the
= Mass, Col. Ree., ii. 228.
18 Ibid., 102.
1º Incorporated as a town by the name of Malden in May, 1649. [The petition of the " Mistick side men " to the General Court at the May ses sion, 1648, has been printed. (Corey, Malden, 95.) As dwellers along the route they protested against the road laid out by Lieutenant Sprague and Francis Smith. The cost of feneing, they said, would ruin many small proprietors. They asked " that the way vuto wenesemet from Redding may be in the highway leading toward the penie ferrie, vnto the house of James Barritt & so by the towneway leading directly vnto winesemet, lying on the head of the fiue Aere lotts, by the South spring, weh is Allso A playue, firm trodd way & but litle about. the wch they now stand charged to fence Against & cannot seeure their planting wthout it." According to Corey the South Spring was at the junetion of what are now Chelsea and Ferry streets in Everett.1
20 Mass. Col. Rec., ii. 256.
21 [See Corey, Malden, 96, for the return of this committee.]
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most convenient way for a country roade betweene Redding and Winnisemett." 22
May 27, 1652. " Whereas this Court did long since appoynt sundry psons to lay out the way from Reding to Winesemett, which is not yet determined, & some of the psons mentioned in the 'sd order are dead, and forasmuch as it was ordred by Cam- bridge Court, that it should forthwith be done by the townes of Redding & Malden, it is now ordred by this Court, that the laying out of the 'sd highway shalbe done by the townes of Redding & Maldon, according to the law in that case provided, any act of this Court to the contrary notwthstanding." 23
September 10, 1653. "Thomas Marshall, John Smyth,24 & John Sprague, beinge chosen to lay out the country high way be- tweene Reddinge & Winnesemett, do lay it out as followes: from Reddinge towne, through Maldon bounds, betwixt the pond & John Smyths land, & so by the east side of Mr Joseph Hills land, to New Hockley Hole, & so in the old way by the Cow Pen, & thence along on the east side of Thomas Coytmores lott, by Ele Pond, in the old way, to Thomas Lynds land, then through the first feild, & so by the feild by his howse, from thence, on the old way, by Maldon meeting howse, through the stony swampe, from the road there vpp betwixt Richard Addams & John Vphams lotts, into Charlstowne bounds, through Wm Johnsons & Richard Dexters land into ye way by the South Springe, & so on the south side of Tho Whitamores howse 25 into Mr Bellinghams land, into the way that goeth to the fferry; the sd way to be fower pole broade, in good ground, & six or eight where need requires." 26
April 29, 1650. " It was ordered that Mr. Elias Maverick and James Johnson, who were chosen by George Burden; Deaeon Eliatt, and M". Thomas Clarke who were chosen by the Townse- men in the presence of Mr. Newgate and with Consent of him:
22 Mass. Col. Ree., iii. 159; see also ii. 271. [Of this new committee, Robert Clements was of Haverhill; John Osgood, of Andover; and Francis Smith, of Reading.]
' Ibid., iii. 274. Vide same in substance, ibid., iv. pt. i. p. 92.
24 [Francis Smith of Reading had a son John. Supra, vol. i. p. 319.]
25 [Corey (p. 85, note) places Thomas Whittemore's house on the north side of Chelsea Street, a little west of Everett Avenue. The people of Winnisimmet and Rumney Marsh travelled this road to church and mill. Infra, note 27.]
Mass. Col. Rec., iii. 330. In vol. iv. pt. i. 176, is the same signed Tho. Marshall, Jno. Smith, Jno. Sprague.
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should Lay out a Cart and a Horse way at Ruinley Marsh from M" Holiocks Farme towards the Mill." 27
June 28, 1651. " Forasmuch as Complaynt hath bene made by severall persons ( that the high way at Rumey marsh, which is layd out for the private use of the farmes, to lead unto the landing place by Mr. Newgates), that severall persons have refused to be at Charge of Repayre thereof, though anch as have benefitt by the use of it. It is therefore hereby ordered that the inhabitants of Rumney Marsh that shall make use of the fore mentyoued high way, shall, according to proportyou Contribute to the maynte- nance thereof; and in Case anye shall refuse soe to doe, the resedne have hereby power to debarre them of passage through the sayd waye." 28
June 28, 1654. "The towne hath Covenanted with William Ireland and Aron Waye to make good the hie waye as it is now layd out by the towne of Lin, leading from Lin to Wenesemnett, vids: that part which is newly layd out, part in Mr. Nngates, and part in their owne land, they are to make and mayntayn it for seaven yeares in suffytyent repayr, for which the towne is to give them five pound." 29
The estate of William Ireland and Aaron Way was on both sides of Washington Avenue, from Governor Bellingham's land on the south as far north as the easterly side of Woodlawn, where the Newgate farm began.
March 31, 1656. " Ordered [by the selectmen] that Wm. Ire- land and Aaron Way shall bee allowed fourty shillings for the
" Boston Ree. Com. Rep., ii. 101. [By order of the General Court, May 20, 1642, the seleetmen of a town had power to lay out " private wayes conerning their owne towne onely " awarding damages for property taken, "or, if the pty desire it, then by 2 chosen by the townesmen & two by the ply." ( Mass. Col. Ree., ii. 4.) Mr. Holyoke's farm was the Tuttle farm. (Supra, vol. i. p. 204.) The road passed through the farms of John Newgate and George Burden (later the Way-Ireland farm ) towards the mill in Malden. This mill, built by Thomas Coytemore about 1641. passed in 1652 under the control of John Cogan. It stood near Mahlen Square " near the present Middlesex Court, between Pleasant Street and the river." (Corey, 86). For over half a century it was for the people of Winnisimmet and Rumney Marsh the nearest mill by a land route. Thus the road from Mill Street by Beach and Fenno streets to Washington Avenne dates as a highway from the year 1650. See supra, note 19, for the road from Washington Avenue to Maken. |
28 Boston Ree. Com. Rep., ii. 119. "The landing place by Mr. Newgates" was on the creek near Slade's Mill; and the private road, that by which the mill is now reached. [ See supra, vol. i. p. 171.]
" Boston Rec. Com. Rep., ii. 119; [also infra, p. 144.]
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country high way that is laid out through their land att Rumny Marsh." 30
The contract in 1654 with Ireland and Way, to continue seven years, was to make and maintain a certain part of the highway. This allowance of "fourty shillings" two years later may have been for some land taken for the [country] way now Washington Avenue.
I cannot define the roads which are the subject of the fol- lowing orders; but generally they relate to the present road from Revere to Winthrop.
April 30, 1666, " Let Tuttle, Cornt Hazy, Sam Dauis, are made choice of as a Committie to settle the high way at pulling point leading out of the necke to Rumny marsh, And to ishue all such differences about high wayes betwixt neighbour & neighbour & to make returne thereof the next metting day.
" Mr Deane Winthrup, Capt Edward Hutchenson, James Bill, are made choice of as a Committie to Settle the high way from the high way that is apointed to be layed out from pulling point to the Country high way & soe likewise a high way leading to Maldine & likewise to settle such high wayes as shall be conuenient betwixt neighbour & neighbor. makeing returne thereof." 31
May 28, 1666. "Wee whose names are vnder written being made choice of by the Select men of Boston to lay out the hie. wayes att Puline pointe leading into the Counterie, as allsoe the hie wayes betwixt nighbour and neighboure, and soe to the watter- sides, Wee iudge & apointe that the accustomed wayes now vsed shall still be continued, only wee iudge it conuenient, That the gate betwixt Mr Winthorps ground & Elder Penn be remoued heyer vp the hill towards Mr Winthropps ground, to be layed aboue the well; and judge it necessary that euery man that hath ground (that hye wayes goe through) that is for ye publique liige way to Rumnye Marsh is to make hand gates for more conuen- iensy, for to pass thorow & not to haue onely railes to drawe, wch wee conceiue may suffise for Carts, dated att Puland pointe this 18th May 1666. JOHN TUTTLE, WILL HASEE, SAM DAUIS.
" Wee whose names vnderwritten a Committie to setle the high wayes att Rumney Marsh, Wee haueing vewed the seuerall wayes, doe judge it most conuenient that the accustomed wayes now
80 Boston Rec. Com. Rep., ii. 130.
31 Ibid., vii. 31.
T
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CHAP. XXV | HIGHWAYS, TOWN WAYS, AND BRIDGES
vsed both to the high way leading to Linne, as allsoe the high waye leading to Malden, As allsoe the high wayes leading to Winnetsemet, As allsoe the high wayes be twixt neightbour & neighbour & to the watter sides shall still be continued, being founde by long experience to be most convenient and on our veineing of them, wee finde them soe to bee. And whereas there was a high way formerly layed out through Rumny Marsh which wee judge in many places of it Inconvenient. And therefore by reason either of hilles or Swampe hath not been used, Wee judge such as haue laudes joyninge upon it, And soe forced to sufor the high way to goe through there other landes for more conucaniency, Wee judge it convenient that soe much of that hye way as is not now made vse of, But the way turned for Conenieneye, otherwise that the propritier of the land butting upon the high wayes shall have liberty to take it into there lands which now the highwayes goes thorow (and the records to be made, to confirme) only the acustomed high wayes now vsed, dated at Rumny Marsh this 25 : 3 mo: 1666.
DEANE WINTHROP EDWARD HUTCHINSON JAMES BILL his marke.32
General Court, May 27, 1670. " Whereas the country highway ouer some part of Rumney Marsh was lajd out long since, from a point of vpland to the Written Tree, and the sajd way was neuer made.passable, but, in stead thereof, a causey or bridge hath binn made in another place, which hath been made vse of, but is now & hath binn often out of repaire, it is ordered, that the selectmen of Boston shall take speedy care to make & mainteine a sufficient causey or bridge ouer the marsh & creeke where ye way was lajd out first, or to see & cause the causey and bridge that is already made to be sufficiently repaired, & so kept from time to time." 33
32 Boston Rec. Com. Rec., vii. 32.
33 Mass. Col. Rec., iv. pt. ii. 450. [ December 25, 1665, Captain Hutchinson, in making his return for the perambulation of the bounds of Boston, Malden, and Lynn, made particular report as to "the eausy on Rummy Marsh." ( Boston Rec. Com. Rep., vii. 28.) The following petition (Mass. Archives, exxi. 44) was dated four months later. The records of the court to which it was addressed are missing.
To the Honoured County Court now Assembled at Boston The Petition of ye Seleet-men of Boston,
May Pleas yor: worsps according to the Law for County Bridges, to Appoint a Committie to vew & determine two places betwixt Sam: Bennet's house & the heather part of the ffarme formerly Cpt Keyne's ffarme, wch are by severall conceined vnpasable with any convenience without Bridges and wee conceive them proper to ye County to make.
April 25: 1666. Wee Subscribe or Selues yor humble Servants]
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The above order seems to relate to the road which runs northerly from Woodlawn over the low land towards Saugus.
1671, November 27, "The agreemt with Wm Ireland & Aron Way concerninge the high way at powder horne hill made the 27 : 8 : 1661. fol. 5. is continued for 10 yeares, for 254. p. ann." This was as follows: "Itt is Agreed with Wm Ireland & Aron Way to make and keepe in sufficient repayre all ye country high way from ye foote of powder horne hill to Mr Newgates lott for ye space of 10 yeares next ensuing, & to leaue ye same in ye like sufficient repayre att ye end of ye tearme aforesd .. In considera- tion whereof ye Towne is to allow to ye aforesd Wm Ireland & Aron Way 25s. p. anu. during ye sd tearme." 34
This agreement defines more elearly than the former the road which Ireland and Way were to keep in repair; from the foot of Powder Horn Hill, near Mr. Levi Slade's, to Mountain Avenue, casterly of Woodlawn. 35
1695, March 25. " The Agreement made with Wm Ireland & Aron Way to repair the highway at Rumny Marish from Powder horn Hill to Mr. Newgates lot made 27 Octr 1661 is continued for 10 years more." 36
1698/9, January 30. " We whose name are under Writen, Being appointed by the Selectmen, To settle the highways in Rumney Marish.
" Do upon or. Viewing and considering the same judge yt. the most convenient way and wch. will be the least damage to those persons through whose land the way runs and therefore do by or. joynt agreement Determine that the way shall begin at the Water Side on the East side of Joseph Bills House, and run through sd Bills Land over the plain, then into James Bills Land by the head of the Litle Swamp and by an other Litle Swamp Lying on the Easterly side, from thence No:ly by a round pound in Joseph Bills ground, & so through the Land of Joseph Bill to a Litle gate upon sª Joseph Bills Hill by Mr Winthrops and through sd gate into MẸ Winthrops ground down to a rock in the brook and from thence to the gate in the parting line between Mr Winthrops land and Majr Townsends farm and so through sd. gate on the southerly side of the hill to the end of sd. hill where the way runs
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