USA > Massachusetts > Middlesex County > Billerica > History of Billerica, Massachusetts, with a Genealogical register > Part 10
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"9: 9: 58. Also for our work in ye highways, it is agreed that it shall be done as followeth : i. e. every male of sixtene years old & upward shall come in to worke in ye highways, acording as due warning shalbe given by ye surveyours, chosen for ye well ordering of the same. And so all that have oxen shal come in with their teames also, vntill ye worke be done in ye country highways.
"And for such as are proprietors with us, and are non resident in this toune, They shall all do their proportions when they come vp, both psons and teames, themselves or others for them, such as the surveyors shall approve of for ye worke, both persons & teames. Also ye surveyors shall keep a true account of every man's work from time to time.
"And it is further ordered & agreed, that the surveyors shall have no power to make or mend any but country roads at ye towne charge, without ye consent of the whole towne and by their order. And for non-appearance after due warning given as aforesaid, both persons & teames, any person neglecting his duty acording to this order shall pay two days' work for one."
We have here, in distinct outline, the system of supporting the highways which is still the prevailing one in New England, and which has only very recently given place in Billerica to the method of appointing a town agent, under whose direction the appropriations for highways are expended.
1 I quote from Danforth's copy of this Order, Book of Grants, I, 170. The original partly obliterated may be found in Records, Vol. I, p. 7.
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HISTORY OF BILLERICA.
The principal roads leading from town to town were for many years designated "country" roads, and were at first the only roads to receive public care as a matter of course and without special vote of the town. The roads to Woburn, Chelmsford, Andover, and Concord, appear to have been at first the only roads thus distin- guished. The first record of surveyors is, "1 mo. 1660-1," when James Kidder and John Baldwin were chosen. The road to Woburn is mentioned, "9 : 9: 60. At a town meeting the toune doe choose to joyne with a comittee from Oberne to lay out the highway from Oberne to o' meeting-house, Ralph Hill, jun'. & John Parker." The report of this committee is not recorded, but ten years later we find this record :- 2
"The country road to Woburn thro Shawshin farmes.
"Shawshinnock, or Billerica, 10. 10m. 1670.
"Whereas the country road leading from Woburn to Billerica was laid out by a comittee legally chosen by each towne formerly, but there not being a record of the same to be found, where it was exactly laid, and there arising some difference in apprehention where ye way was laid thro Shawshin farmes; At ye request of Mr. Ri : Daniel, GentIm, the committee of each towne did meet together at Shawshin farme; and, hearing what could be said every way, and taking an exact viewe of the most comodius way for the country road to passe in, did determine that the way from billerica to woburn through Shawshin farmes should henceforth bee and continue, beginning at the westerly end of the said farmes, and so continue streight through ye dirty swamp, and so along vpon the high land, taking a black oak tree marked with D (which stands in the side line between the churches farm and Samuel Chamnes farme) in the middle of the highway ; and so passing over the small swamp or runnitt above Shawshin house where it is the firmest ground. there being a great white oak stump standing by the side of that valle on the north; from thence it continues streight along, going over ye ridge, where the oldest highway went neer Samuel Chamne's house on the north of it, and so through his old field vntill you come to ye casey neer Shawshin river, there being at this time, a ditch plowed almost all the way through these farmes, on the northerly side of this highway ; and so the road is allowed seven pole wide southerly from the ditch aforesaid, there being sundry trees marked, some on ye west side, some in or about ye middle, and ye ditch on the north of ye sd way. And on ye easterly side of Shawshin river. ye road lyeth much whereabouts it is now trodden, and passeth over the brooke at ye east end of ye plaine in ye middle way that hath been trodden over that brook. This was agreed upon by us, the whole comittee being present.
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"JOHN SEIRES. JOHN WYMAN. JAMES KIDDER.
" RALPHI HILL. JONATHAN DANFORTH."
2 Book of Grants. 1, 160.
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ROADS AND BRIDGES.
This record does not add much to our knowledge of the Woburn Road, except the fact that it was originally seven rods wide ; but it gives interesting illustration of the phraseology and methods of the men who laid it out.
The Concord Road is thus described : __ 3
"19: 12mo., 1660. Concord country road to or Towne.
"The highway from Billerica to Concord laid out by the Comittee appinted for ye same By both Townes was laid out as followeth :
"It beginneth at the country road in long street and runneth in a streight line [from?] North east corner of ye fence of John Rogers, Senr., i. e. of his house lot, being laid out four pole wide anent ye North-west corner of Billerica meeting house. being bounded onward toward Concord by John Rogers' fence as now it do stand on the west; by Jacob Browne's and Daniell Sheed's fence (as now it stands) on ye east; and so going streight on forward to the pounds, through Mr. Whiting's lott, then it turnes westward. runing down charnstaff lane, vntill you come to ye bound corner stake between George ffarley and Jnº. Sternes, on Mr. Dudley's farm, whose dividing line between them is the center of the highway vntill you come neer ye lower stake of ye divitions at that place, anent which stake it lyeth wholly on the east side of it; so running to ye fence of lieut ffrench, his field, (which was sometimes the lot of Joseph Parker.) which fence bounds ye highway on the south-east. Then running over ye swamp at the Island between brooks, or over two brooks, being bounded by marked trees in the Center of ye highway, vntill you come to the paster fence of Ralph Hill, Senr .. which fence bounds it on the west ; so runing on ye south east of Ralph Hill, jun., his barne, vntill you come to ye old road which leads to Concord, trees being marked for ye center of it; and from this place it keaps (generally) ye old beaten road to Concord swamp acording to center trees; and it is agreed that it shall lye four poles wide from long street, vntill you come to Mr. Dudley's farme; and from ye entrance of Mr. Dudley's farmne, until you come to Concord great swamp, it shall lye at least six pole wide; and from ye great swamp to Concord towne, Center trees are marked aboute ye old road vntill you come to the south corner of the widow foxes' land; then leaving the old dirty road on the right hand, and passing through an opening of the swamp, acording vnto trees marked in ye center of it, we continued to Cramfield gate, and from thence keeping the comon road, to ye meeting house.
"The comittee which laid out this highway were as followeth :
"for Billirica : Sargent JOHN PARKER. GEORGE FFARLEY. JONATH : DANFORTH.
for Concord :
ROBERT FFLETCHER. JOSEPH WHEELER."
3 Book of Grants. I, 161.
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HISTORY OF BILLERICA.
The record of the Andover Road immediately follows the pre- ceding : -
" 26 : 12m. 1660. Andever highway.
" Wee whose names are hereunto subscribed, being a comittee choesen respectively by ye Townes of Andever and Billerica, to lay out the country road leading from the one Towne to the other, have laid out ye said road in manner as followeth :
"Wee began at the country road that leads from Chelmsford towards the bay, or in long street, neer the meeting house, of Billerica, and soe ran Crosse ye house lots of James Parker and Ralph Hill, Senr., (about ye middle of them,) laying it four poles wide through ye said feilds, acording to marked trees; from thence we ran by the North line of John Shildon's house lott Towards foxes hill, and on the east side of the said hill, in ye old drawne way, vntill you come to a meadow, called Content meadow. being six poles wide from ye former house lots to Content meadow, and four poles wide at ye saide meadow, between the lots of Jonathan Danforth and Samuel Kinsley, and from the meadow to Strongwater brook six poles wide; and at Strongwater brook it lyeth crosse the meadow, about the middle of ye lot belonging to John Poulter, and from thenee to a meadow belonging to George Abbot, Senr., of Andover, at the north east end of the meadow and runeing to ye drawne road, which leads from Andever Towne towards Shawshin River meadows; and so to enter the said road, at a hill called east hill, and so down the plaine to ye bridge that lyeth over Shawshin River, neere to ye house of William Ballard, still continuing six pole wide acording to trees suffetiently marked from ye foresaid content meadow to Shawshin bridge. And from that bridge toward andever Towne, vntill you come to ye houses of John Johnson and Thomas Johnson, wee judge meet that ye highway shalbe where it is now drawne; and it shall lye in the wet swamps and rocky places ten poles wide at the least, and in ye hardway elsewhere to be eight poles wide at least, and between the houses of ye Johnsons aforesaid and the town of Andever, it shall lye as now the fences are already set up, and from the corner of ye aforesaid Thomas Johnson's fence next toward ye Towne of andever, the way shalbe six poles at the least, vntill you come to the shop of John ffrye, and from the shop of ye said John ffrye to Mr. Bradstreet's yard corner, right against the way yt leads down to Andever meeting house, it shalbee four poles wide at the least, being the way which is Now drawne; further it is agreed that from the Hill. called east Hill aforesaid, down to the Bridge our Shawshin River aforesaide, neere yr house of William Ballard aforesaid, the highway shall be but four poles wide.
"This highway was laid out by us. 26: 12m. 1660. " Billirica Comittee : Sargent JOHN PARKER. Sargent JAMES KIDDER. JONATHAN DANFORTHI.
Andever Comittee : GEORGE ABBOT, Senr. Sargnt JNº OSSGOOD."
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ROADS AND BRIDGES.
Mr. Danforth's presence was not as a member of these com- mittees, but professional, as "artiste" or surveyor, employed by both towns.
Of the Chelmsford Road no description is recorded.
These four roads are all in use still, substantially as at first laid. The most important changes are, that the Woburn Road first ran over the top of Bare Hill, instead of turning around its northerly side as now ; that the Concord old road ran a nearly straight course, still easily traced, through the swamp about a mile west of Bedford Village, turning from the present road to Bedford near Huckins Street ; and the Chelmsford Road crossed the river at the Fordway, and not as now at the Corner.
Another important early road was that leading to Wamesit, of which we have this record : -. 4
"9m. 1659. The Great Comon-feild.
"It was agreed before the laying out of the alotments, in the great comon feild which lyeth below ye great Bridge, [i. e. at the fordway,] on the east side of Concord River, That there shalbee a convenient highway alowed throughout the wholl feild, cross all the lots, for foot, horse & cart, either where it is already Trodden, or elsewhere, as shalbe Judged to be most convenient, which is to be noe open highways, but may bee taken in with in there lands & fences.
"March, 1664. The Towne appointed a Comitt: to lay out this high- way, which made this returne, vnder theire hands, following :
"It begins at the east side of Samuel Trull's fence as now it stands, and so to lye two pole wide, and runs from thence crosse the lott of Roger Toothaker, the east side of ye highway, crosse that lot is bounded by a stub which stands by the corner of Samuel Trull's fence, on ye eastward of it about 4,000 [! So the record; probably it should be four] poles, and so runes to a rock, wch Rocke stands a little on this side of ye brooke; from thence acording to marked trees all along, vntill you come to ye going down to ye mill place; and Thus far ye trees are marked only on ye east side of the way, but onward the middle of the highway is marked, vntill you come to William Hamlet's swamp, and from thence the way is to lye as the road is now trodden, toward bacon brooke; and the agreement is that ye way shall be, all of it, two pole wide.
"The Comittee that did the worke was William Hamlet, James Kidder, Ralph Hill, Jun™."
This road, passing the houses of Toothaker and John Rogers, (see ROGERS, 2, in Genealogical Register, ) ran near the present site of the depot in North Billerica. The road recently opened from
4 Book of Grants. I, 104.
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HISTORY OF BILLERICA.
the Fordway to North Billerica must be near the line of this early highway.
Another road to the great plain and great common field, which were towards and beyond North Billerica, followed the present Long Pond Road to the foot of Fox Hill, on the north, and then ran directly across the swamp.and fields, where its disused route is still easily traced. The road which run east from the "Pollard" place, to and beyond Mr. Nason's place, existed very early and was known as the road to Jeft's Cove, or Trull's Cove.
From the Andover Road, sometimes called East Street, the road running south, at the foot of Fox Hill, was of course in early use. For convenience, I refer to this as the "East Road," and the following record must refer to it :-
"1658. The highway at Loes-Plaine.
"At the laying out of the alotments at and about loes plaine, it was agreed :
"1. That there shall be a convenient highway alowed out of the lots Just below the Rockes and hills by the side of loes plaine, and so through the land of Samuel Kemp, for a cart to pass vpon any ocation, which land (if the proprietors please) they may take within their fence.
"2. Ther is also laid out another highway four poles wide, on the North side of Samuel Kemp's lot, so runing ouer the brooke on the north of Simon Crosbee's land & on the South of Jacob Browne's land.
"3. There is also laid out a highway of two poles wide betweene the East side of Saml Kemp's line and the heads of those lots yt lye on ye east of Samuell Kemp's lot, which is for the use of those proprietors."
Samuel Kemp's lot was near Miss Sophia Allen's, and this record outlines vaguely the East Road to that point and the road leading towards the Shawshin from it, early known as Marshall's Lane, John Marshall living near the turn. We may suspect that the latter road had a westerly extension, which would pass Peter Bracket's, and connect directly with Tufts Lane. From Kemp's, southward, the East Road appears in a later record.
"19. 1m 1668. The Townsmen doe order Sargnt John Parker, Tho : foster and John Marshall to lay out ye highway from John Marshall's house to ye country road, that lyeth through the churches farme, and make returne thereof vnder their hands to ye Townesmen."
The road "through the churches farm" indicates the highway north of the Woburn Road, as the latter did not pass through, but south of, the Church Farm.
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ROADS AND BRIDGES.
A later record,5 1670-1, March 21, states that, as no report of this committee was found, and Mr. Parker was dead, the selectmen directed Messrs. Foster and Marshall to renew the work, and pro- ceeds to say that they, "finding a convenient way by ye bounds of Shawshin farme, from Thomas Richardson's lot to a new bridge, and over which is a ditch leading to the country road, did, with John French and Thomas Richardson, address y"selves to Richard Daniel, gent., proprietor of Shawshin farme, for his consent, who, to gratify his said neighbours, did freely condescend, that they should have a private way to pass for carts, &c., in ye bounds of ye said farme, from ye said Thomas Richardson's lot to ye aforesd new bridge, and from thence five pole on ye outside of ye side [said?] ditch that lead to ye said country road ; and ye sd comittee & ye sd John French & Thomas Richardson did thankfully accept of ye same," and appointed this a private highway from Richardson's house to the country road.
Mr. Daniel represented wealth and rank, his wife at least belong- ing to the nobility ; and there was no other citizen to whom the town officially showed such deference, or from whom it sought as favors what it would have taken from others as its right. Whether the present East Road follows the line of this early location is uncertain.
Farther north, on the Andover Road, an early and long forgotten way turned not far from the Cemetery and ran to the Shawshin near the Crosby place, reaching the river at a point called the " Willow Spang."6 This grant refers to it: "There is three acres of land alowed in James Kidder's lot where it may be most conveniently taken, for a way from the country road at fox hill to ye second part of the second divitions. Also allowance is made to Simon Crosbe's lot, for ye highway to pass from James Kidder's lot toward Shawshin River."
A highway which had always been an important one is described in the next record.
"1661. Content highway.
"It was agreed before the laying out of the 2ª divition Partaineing to ye Towneship, That there should be a highway from the south side of fox hill, ouer little content brook, and so ouer ailwife brook, streight away to
5 Book of Grants, p. 159.
" Danforth often uses the word " spang" to designate some point in field or meadow; the same word which Webster spells "spong." William Tay had land at this place; and the copyist of his will, in the Suffolk Registry, evidently had trouble in deciphering the original, for his transcript reads, "the willow spangs." Some future editor or archaeologist may find here occasion for a learned explanation of the pangs of the willow !
94
HISTORY OF BILLERICA.
Shawshin Riuer on the north of globe hill, and so ouer heeth brook, cross Christopher Web's meadow lott & continueing onward ouer Strongwater brooke, at the narrow neck betwene William Tay's meadow, and so onward to andever meadow."
This, the Pattenville Road, was in Danforth's common usage the "road to Globe Hill." It left the Andover Road near Mr. Holt's house, and crossed the "little content" brook higher up that stream than does the present road near Dea. Samuel King's house.
The next description may refer to the road from Pattenville towards Wilmington. "Also one highway vpon content plaine from this road, beginning upon the hill eastward of two little round swamps, and so runing anglewise about ye middle of yt part of ye 2ª divitions, which lyeth on the east of ailwife brook," etc.
The following description more clearly refers to the road from the depot to Pattenville : "1664. It was ordered at the laying out of ye comon feild on the plain which is on the east side of Content meadow, that ther shalbee a highway from ye country road leading to andever, to Shawshin Riuer, beginning on ye east of content bridge, & so passing through ye lots of Nath. Hill, leiut french, Jonath Danforth, John Rogers, Eldr Chamne, Golden More, William Pattin, Peter Brackett, James Kidder, & Capt. Brackett, which enters it into ye road which comes from John Balden bridge, leading to globe hill, and at ye most easterly corner of Simon Crosbes lot begins that highway which goeth to William Pattin's meadow at Shawshin River." The references in the closing paragraph are to the two roads named in the preceding descriptions.
A highway, which probably never had much use and was soon forgotten, was laid between the two parts of the Second Division. It was "on each side of the dividing line from loes plain until you come to ailwife brook"; or from a point near Mrs. Asa Holden's, and passing towards the brook by the corner at Mr. James Page's, on the Wilmington Road, where " Marshall's lane," extended from the Crosby place, comes into it.
The Lexington Road, early and long known as the road to Bacon's mill, or Fitch's mill, is first mentioned, "16 : 1 : 63. Willi Tay & George farley are Apoynted to Lay out a highway from the Towne, leading to Mr. Michell's farme, and to yt land yt was Layd out for Mr. Edward Oaks' farme, on ye south East end of Mr. Winthrop's great meadow, to be layd out four polls wide."
Nineteen years later it needed relocation. "23. 11. 82. At a
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ROADS AND BRIDGES.
meeting of ye selectmen : Whereas Mr. Muzey makes a complaint for want of je knowledge of ye highway from his farme, that hee bought of Timothy Brookes, to the towne ; The selectmen do order George ffarley, that was one of the comittee that lajd it out at ye first, * & corp1. Jnº ffrench, forthwith to go and renue ye markes of ye said way, that it may be obvious to all travellers ; also to draw vp a record as distinct as may bee how it lyes, that so it may be found afterward without much difficulty."
The road farther east is not described in the Records. But it was in existence, and known as a country road as early as 1670, when Joseph Walker's grant was bounded east by it. The survey of Mr. Daniel's farms shows that this road formed in large part the west line of the Champney Farm.
That there was a road farther south from the Concord Road towards Cambridge is certain, but no description of it is recorded. It must have been substantially the same as that which now runs southeast over the hill, a mile north of Bedford Village.
The following record gives a good example of the private high- ways often laid out for the convenience of adjacent farmers :7 " 1658. It was agreed, That there should be reserved three pole wide (vpon the Towneship) by the river side, from the angle of the township neare George ffarley's. vntill you come below abbott's Bridge, which .is to be no open highway, but for any vse for cart, or for landing of goods, hay, corne, etc., which highway is to be taken into euery man's dividuall (i. e. his propriety or alottment) if hee please. And any man taking downe any bares or opening any gates, to passe by the Riuer's side vpon any such ocation, shall safely put them vp againe ; and in case of neglect, as aforesaid, shalbe lyable to pay whatever damage any person shall sustain by his neglect therein."
The town also reserved the same liberty to pass from Charnstaffe Lane to this river highway. "Also, it was agreed, That the Brook which lyeth in the middle of the township should ly open (for ye use of ye inhabitance in generall) from long-street downward to ye line of Mr. Dudley's farme, and six pole wide on each side of the brook, to ly in comon for publick vse." This "brook-highway" bounded Mr. Whiting's grant on the east, and ha's other mention; and this description proves the identity of Charnstaffe. Lane and the line of the Dudley Farm.
7 Grants, I, 168.
.
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HISTORY OF BILLERICA.
West Street is mentioned at the same time.8 "1658. At the laying out of the lots vpon the Towneship, It was agreed that Je highway cald the west street should rune from long street, beginning at the southeast of Jonathan Danforth's house lot, and lye six pole wide southward of his line, the whole width of his house lot, and then it should, be laid twelve pole wide, from thence to ye riuer, ye former six pole continuing, and so to take six pole northward of a rock in a valley by a willow tree, (which rock is ye southwest corner of Jonathan Danforth, his house lot, ) and onward it is to be laid on each side ye swamp and brook, that so ye water may lye open for cattell."
In November, 1660, the town voted that Danforth and Kidder might have the land included in West Street, either for a certain sum, or "if they could purchase a convenient highway elsewhere to the Riuer, to the Town's content." But this grant was for some reason not consummated ; for in 1665 Mr. Kidder received a grant of two and one-half acres, on the south side of this road, and extending to the river; this grant being instead of ten acres elsewhere. And, ten years later, the road is again granted to Danforth and Kidder, with the reservation of a right to a private highway, as described above. The consideration of this grant was, disbursements made for the town, Mr. Danforth having expended a thousand and a half of shingles to purchase Cambridge lands for the town. When West Street was reclaimed as a public highway is not certain ; but the process was gradual. It was a "bridle-way" in 1730, when proposals for building the Centre bridge came before the town, and the selectmen were instructed, in preparation for that measure, "to state & settle the bounds of the highway."
A road was laid out, in 1661, to run from the Concord Road, near the present route of the Middlesex turnpike, going by Henry Jefts and Lieutenant French's to William Tay's, and ending in the "road to the bay," on the "top of the hill Next to Thomas Foster's fence." After the appointment of one or two committees, this road was abandoned; but the location of its terminus proves a point of interest in the early geography, namely, that the Woburn Road at first went over and not around Bare Hill. When the change was made is not recorded, but it may be indicated in this action : " May 16, 1711. *. Deacon James Frost and Lt. Samuel Hill were appointed to vew a highway proposed to be exchanged with
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