USA > Massachusetts > Middlesex County > Billerica > History of Billerica, Massachusetts, with a Genealogical register > Part 3
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In October, 1652, Woburn petitioned the Court for the appoint- ment of a committee to lay out the farms "nere Shawshine, graunted to Jro Winthrope, Esq .. deceased, & to Thomas Dudley, Esq., Dept. Gouvr." Seven commissioners were appointed. The work to be "donne before the twenty-fowerth day of the fowerth month next." No report of these commissioners appears on the record, but the easterly line of the farms may have been fixed by their action. The other bounds could not have been then in question. As the east bound did not reach Shawshin river, which was a mile west of Woburn limits, the neighborly solicitude of her citizens in the matter is interesting and perhaps suggestive.
This brings us to the settlement of the Shawshin wilderness, unless the Shawshin House, already mentioned, but of which we know so little, constituted an exception. In what year, at what place, or by whom the settlement was begun, is not known. It is probable that Henry JJefts was here in 1652, for his infant daughter, Hannah, died in the town "ye first weeke" of May, 1653; the earliest event noted in the Town Records. A year later, the "last week, 1th Month," (Murch), 1654, Samuel, the son of George Farley, was born-the first birth in the town. And in October, 1654. a petition to the General Court bears fourteen signatures, and " the most of" the "petitioners are already seated" here.
This petition was the first utterance of Shawshin which has been preserved, and gives information of the earliest enlargement of the bounds of the town. It may by found in the Massachusetts Archives, in the office of the Secretary of State, Vol. 112, p. 70, and is as follows : -
16
HISTORY OF BILLERICA.
"INHABITANTS OF SHAWSHIN."
"PETITION. "
To the hondrd Mr. Bellingham, Gournor, with the rest of the honderd Magistrates and Deputies at the Generall Courte at Boston Assembled : -
The petitione of sum of the proprietors, with the inhabitants now being at Shawshinn, in the County of Middlesex, [Hum]bly Sheweth :
THAT, whereas, it hath pleased the Lord so to order and dispose of the Lands given by this honrd Courte to the Church of Cambridge, that Now it is in a probable way of making a plantation, if this hond Courte will please to grant to us, yr petitioners, a small tracte of Lande yt Lyeth yett ungranted to any plantatione and uncapable of improvement either in way of farms or other wayes, only to this place, which land was that which some of us. yr petitioners, had an eye chiefly to in or late petition to this hon'd Courte, which petition was granted to us and those others, yt joined in petitione with us, Namely : the land petitioned for on the other side of Concord river, which was Layed out to yr petitioners according to the order of the Courte, by or Hon'd Major Willard and Captne Edward Johnson; this preell of Lande that we, yr petitioners, doo humbly sew unto ys Hon'd Courte for Lyeth between that plantation Last granted and the tracte of Land of Shawshin,. all along from the Line belonging to the farmes belonging to John Blood and robert Blood, of Concorde and so lyeth alonge by the side of Concord river to the indians plantations at pawtuckett, so that there is only the river doth p't the township granted for that ende · by the church of Cambridge and the farm purchased of mr. Dudley, diseaced. whereon the most of yr petitioners are already seated; and this prsell of land we humbly intreate may be granted to us, yr petitioners, for the incouragement not onely of orselves, but of several other persons that are desirious to settle down with us, the which if this honrd corte please to grant. it will make much for comfortable carring on or worke in hande, the incoragement of ye Revrd Mr. Miller and those that come alonge with hiin, who are so ingaged to us, yr petitioners, that we are dayly in expecta- tion, of yr coming. and if this hon'd court please to grante this land to us, yr petitioners. yt we may have it layed [? out ] to us by a committee chose by this hono'd corte or by or selves, if the corte please, with all convenient speed, or Necessity calling for ye same; and we furdr humbly crave this honord corte will please to grant to us, yr petitioners residing at Shawshinn, the wonted favor and priviledge that other plantations at their first begin- nings have had before us in freing of us from publique charges for the country for so many years as this cort in yr wisdom shall think meet. We
REFERENCES OF MAP.
I. Dudley Farm.
24. Grimes, George
II. Winthrop - Lane Farm.
67. Haile, William
III. Mrs. Winthrop's Farm.
36. Hamlet, William
IV. Wamesit.
1%. Hill, Jonathan
V. Township.
18. Hill, Ralphı
( VI. Nowell. Farm.
19. ; Hill, Ralph, Jr.
VII: Allen Farm.
52. Hopkins, William
( VIII. Hough Farm.
51. Hosley, John
The Bloods' Farms.
Hubbard, Thomas
IX. Weld Farm.
:4. Hunt, Samuel
XI. College Farm.
16.
Jefts, Henry
SX. Church Farm.
12.
Kemp, Samuel
XII .. Champney Farm.
4.
Kidder, James
Mr. Daniel's Farms.
47. Kidder, James, Jr.
XIII. Dunster - Wyman Farm.
16. Kinsley, Samuel
XIV. Gookin Farm.
32. Kittredge, John
XV. Mitchel - Bacon Farm.
Ny. Kittredge, James
XVI. Oakes Farm.
XVII. . Major Willard's Farm.
Lane, John
26. Bacon, Michael
58. Baldwin, John
63. Bird, Simon
81. Bloods'.
More, Golden
65. - Bracket, John
Page, Nathaniel
10. Bracket, Peter
Parker, Benjamin
24. Brooks, Timothy
Parker, JJohn
49. Brown, George
59.
Paterson, James
73. Carrier, Thomas
Patten, Nathaniel '
12. Chamberline, William
11.
Champney, Daniel
65.
Patten, William
29. Champney, Samuel
Pollard, Thomas
53. Corneal, Peter
Poulter, John
35. Crosby, Simon
Richardson, Stephen
50. Crosby, Simon, Jr.
Richardson, Thomas
333. Crosby, Joseph
Rogers, Daniel
1. Danforth, Jonathan
5. Rogers, John
80.
Danforth, Samuel
71.
Rogers, Thomas
81.
Davis, Joseph
75. Sanders, JJohn
30.
Ditson, Hugh
Shed, Daniel
78.
Dunkin, John
70. Shed, Daniel, Jr.
56.
Dutton, John
5.7.
Sheldon, John
79. Dutton, Thomas
11.
Stearns, John
15.
Farley, George
-2().
Stearns, John, Jr.
36. Farley, Caleb
Bł.
Tay, William
64. Farmer, Edward
31.
Tay, Nathaniel
23. Fassett, Patrick
9.
Tompson, Joseph
21. Fitch, Samuel
TO.
Toothaker, Roger
37. Foster, Thomas
61.
TruHl, John
45. French, Jacob 44. French, John
31. Walker, Joseph
38. French, Joseph
:9. Web, Christopher
17. French, William
13. Whiting, Rev. Samuel
41. Frost, John'
Willice, Thomas
54. Frost, Samuel'
27. Wilson, John
Lane, Job
Levistone, Jolin
00.
Manning, Samuel
Manning, William
13. Marshall, John
Patten, Thomas
2. Danforth, Jonathan, Jr.
Rogers, Jolın, Jr.
Daniel, Richard
20. Ross, Thomas
66. Durrent, John
Shed, Zachary
(!). Trull, Samuel
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17
EARLY GRANTS-SHAWSHIN.
humbly intreat this hon'd courte at this [? ] to gratify yr humble petitioners with a speedy and expected ansr. So shall you ever bind us to serve you wherein you shall command.
Yr humble Servants,
DANIEL GOOKIN. GEORGE FARLEY.
RICHARD CHAMPNEY. JOHN PARKER.
WILLIAM FRENCH. JAMES PARKER. .
ROBERT PARKER. HENRY JEFTES.
JOHN FRENCH. JONATHAN DANFORTH.
RALPH HILL. JOIIN STERNE.
RALPH HILL, Jr. WILLIAM CHAMBE[RLINE].
[On back of Petition.]
The Town desireth the Name of Shawshin henceforth may bee cald Billericay.
In answer to ys petition of Shawshin, we conceive yt pt of ys petition may be granted; viz. ye tract of land mentioned, if no former grants be, which we do not understand.
2dly. Yt the name of their Town be Billericay.
HUMPHREY ATHERTON. THOMAS CLARKE.
RICHARD BROWNE. EDWARD JACKSON.
The deputies approve of the returne of ys committee in answer to ys petr & desire ore hond majisty consent yreto.
WILLIAM TORREY, Clerk. 23 (8) 1654.
The Magistry consent hereto, Provided that 500 acres of this land be laid out for a farme for the next president of the colledge. in the nearest and best place of ys grant where ye said President shall choose; & Mr. Danforth & whom ye President shall Joyne with him, is hereby appointed & desired to lay it out, desiring their brethren. ye deputies. consent hereto.
2 November, 1654.
EDWARD RAWSON, Secy.
The deputies do not consent hereto as conceiving it to be very prejudi- cial to this plantation, if not that which will be destructive thereunto. but are willing to graunt the lands in some other place where it may be found. according to law, provided that ye president continue in yt place three years, & all wth reference to the consent of or honord majists hereto.
WILLIAM TORREY, Clerk.
30th, 3, 1655. Consented to by ye majists.
EDWARD RAWSON, Secrty.
18
HISTORY OF BILLERICA.
This petition unfortunately has no date, but was presented to the General Court before 23 October, 1654, as on that day the favor- able report of a committee upon it was approved by the deputies and sent to the magistrates for concurrence. They, on the 2d Novem- ber, consent to it, with a proviso that "the President of the College" have five hundred acres " in the nearest and best place." The deputies, for reasons assigned, which were sound and friendly to Shawshin, did not assent to this proviso, and final action on the petition was delayed by this difference of the two Houses until the session in 1655, May, when the magistrates "consented" to the action of the deputies. The precise date of this action, com- monly but not very accurately recognized as the incorporation of Billerica, is not clear. The "30th, 3, 1655," as it stands on the petition, may refer either to the final action of the deputies or to the subsequent concurrence of the magistrates. In either case, in the absence of more conclusive testimony, May 30 can best claim recognition as the natal day of Billerica."
Of the signers of the petition, Daniel Gookin and Richard Champney were leading citizens of Cambridge and large land owners in Shawshin, but never resided here. Probably the remain- ing twelve had all made their homes in Shawshin before the date of this petition, and all deserve honorable remembrance as pioneers of the town.
This petition records, incidentally, the fact that an earlier petition had met with favor and secured for Shawshin an extension on the west side of Concord River. Its first bound, west and north, was the Concord and Merrimac Rivers. The language implies that this earlier request had been made by settlers here, and it is not probable that the Court would have granted such an extension, except to actual settlers whose prospects of success warranted the favor. And this probability adds weight to the assumption of a number
" May 29 has been accepted as the day of incorporation, and was celebrated by the town at the Bi-Centennial in 1855. The only authority for this date is the Record of the Magistrates as it stands in Volume IV of the Colonial Records. But the Record of the Deputies (Volume ILI of Colonial Records) gives May 23 for the same action. May 23 was in fact the first day of the session, and it remains in the margin of the Record, covering all the proceedings of the session, which extended into JJune. The Secretary of the Magis- trates happened to insert "May 20" in the margin, apparently to fix the date of a certain "hearing"; but a comparison of the two Records, as to matters of common action, shows that neither date, "23" or "29," has any authority in fixing the day during the Session in which any action was taken. The final date on the original petition is therefore the most definite authority yet discovered in the matter.
19
EARLY GRANTS -SHAWSHIN.
already here in 1653, or even in 1652. It appears too, that for some unexplained reason, this first extension west of the Concord did not lie along the river, but farther west, and omitted the tract described in this second petition, six or seven miles long, and of undetermined width.
This petition is also memorable as containing the first sug- gestion. of the name which was henceforth to supplement the euphonious Shawshin and connect itself with the rising town. It was natural that these English colonists, leaving homes that were dear behind, should cultivate the home feeling by the transfer of familiar names to the wilderness. They could scarcely appreciate the melody, beauty, and flavor of the soil, for which the taste of a later day sighs in the supplanted Indian names. And when Shawshin had secured a company of earnest English families, they began to inquire for the English name it should bear. Their choice fell upon a name unique and peculiar. There is but one Billericay in England, and but one Billerica in the United States. While other names have been repeated in newer States, this remains our own. To unfamiliar ears it is a little awkward and unattractive; but it is quite as true that generations here have learned to love it, and in their loyalty would not subscribe to an expression of regret that the early and admirable Shawshin was not retained as the name of the town. That some of these first inhabitants were from Billericay, in England, we can not doubt, and the tradition is probable that Ralph Hill came from that town.
The favorable answer of the General Court to this petition is put upon its own Record in these words : -
" In anst to the peticion of severall proprieto's & inhabitants of Shawshin. humbly desiring a tract of land lying nere the lyne of the farmes of John and Robert Blood, & so along by the side of Concord River, &c. The Court grants theire request in that respect, so as it hinder not former grants. and graunt the name of the plantacion to be called Billirikeyca."
Error as to spelling the name came in early. It is also worthy of note that in the original petition where the name first appears, it is given as in England, where the name is now spelled with the 'y' final. On the other hand it is probable that English usage in the seventeenth century, often, if not commonly, omitted the .y'; and there may be truth in the suggestion that we in New England have preserved the earlier form of the name.
20
HISTORY OF BILLERICA.
This action of the Court has usually been described as the incorporation of the town. But the facts scarcely warrant such interpretation. It was simply an enlargement of a settlement already organized and recognized, and a change of the name by which it had been known.
At the same time the Court ratified the agreement which had been made between Cambridge and Shawshin. The Records of Cambridge under date 1654-5, January 29, say :-
In answer to a letter sent to the town from our neighbors of Shawshine, alias Bilracie, wherein they desire that whole tract of land may be disen- gaged from this place and be one entire body of itself. The town consented to choose five persons a committee to treat and conclude with them con- cerning their request therein; at which time there was chosen Mr. Henry Dunster, Elder Champney, John Bridge, Edward Goffe, and Edward Winship.
The result of their negotiations with the Shawshin settlers is found in the Records of the General Court of the above date.
" In ans" to the desire of our beloved brethren & neighbors, the inhabi- tants of Shawshin, requesting imunityes & freedom from all publicke rates & charges at Cambridg, and that all the land of that place, as well those appertaining to the pint inhabitants of Cambridge, as those granted them by the Court, might belong entirely to that place. for the better incourage- ment & carrying on of publicq charges that will necessarily there fall out.
Wee, whose names are underwritten, being impow'd by the inhabitants of Cambridge, at a publicke meeting of the toune, the 29th of January, 1654. to make such proppositions & conclusions therein as to us might seem most meete & aequall, doe make theise following proppositions wth reffer- ence to the compliyance of the above named, or beloved brethren & neighbors. the 'inhabitants of Shawshin, and the approbation of the Gennerall Court. for the full conclusion thereof.
1. That all the lands belonging to that place called by the name of Shawshin, with its appurtenances or latter grants made by the Gennerall Court, as well those the proprietye & peculiar right whereof belongeth to any particular person, as those granted by the toune or church of Cambridge to that place for a towneshipp, as also those given by the inhabitants of Cambridge for the furtherance and incouragement of a plantacion there, shall be one entire towneshipp or plantacion, alwayes freed & acquitted from all manner of common charges & rates of what nature or kind soever due or belonging of right to be payd unto Cambridge by virtue of any graunt of that place unto them by the Gennerall Court.
2. That whensoever any of the inhabitants of Cambridge, theire heirs or assigns, whither in that place or elsewhere, shall make any improove-
.
21
EARLY GRANTS-SHAWSHIN.
ment of theire lands above premised, more or lesse. by fencing. building or breaking up. or mowing of the meadows, every such person shall pay to the common charges of that place, i. e. Shawshin, suitable to his or theire improovement of the aforesayd kind, in due proportion wth the rest of the inhabitants in that place. the whole estate and improovements of the place being layd at an aequall & proportionable rate.
3. That the inhabitants of Shawshin shall at all time & tymes heere- after forever, acquitt & discharge the inhabitants of Cambridge from all common charges. rates, dues, dutyes, & incumbrances by any manner of wajes or meanes due by them, to be payd, executed, or performed by vertue of theire interest in that place given unto them by the graunt of the Genne- rall Court.
4. That whensoever any of the inhabitants of Cambridge shall alien- ate theire prnt interest in any of the above named lands from themselves & heirs, then the sayd lands shall in all respects be liable to common charges of that place, as though those particular persons had theire graunts thereof, made them from the sayd toune or plantacion of Shaw- shin.
5. That no person or persons which either have had or hereafter shall have any lott or allotment graunted them in the above named towneshipp of Shawshin, in case they make not improvement thereof by building and fencing, especially the houselott, shall have any power to make any sale or guift thereof to any other person, but such land and alotments shall retourne again to the toune, ¿. e. Shawshin; and in case after such like improvements, any person shall then remoove to the deserting and leaving theire brethren and neighbors, that have adventured by theire encourage- ment to setle there wth them, no such person or persons, for seven yeares next ensuing the confirmation hereof, shall have power to make either sale or guift, or any aljenation thereof, to any person or psons whatsoever, save only unto such as the greater part of the inhabitants then resident in Shawshin, shall consent unto and approove of.
6. That in case any grievance shall hereafter happen to arise, which for the present neither side foresee, nor is heereby clearely determined. that then all such matter of greivance or difference shallbe from tyme to tyme heard and determined by meete persons, three or five, indifferently chosen by the prudentiall men of Cambridg & Shawshin.
And these aforemintjoned proppositions to be subscribed by all the presnt inhabitants of Shawshin, and by all such as heereafter shall have any alottments granted them there, and retourne hereof made to the inhab- itants of Cambridg wthin tenn dayes after the end of the first session of the Gennerall Court.
Given under our hands this 17th, 12mo, 1654, by us,
HENRY DUNSTER. RICHARD CHAMPNEY. EDWARD GOFFE. JOHN BRIDGE.
22
HISTORY OF BILLERICA.
These proppositions are accepted of and consented unto by us, the present inhabitants of Shawshin : and we doe humbly crave this honnored Court to confirm and record the same.
Yor humble Servants, .
RALPH HILL, Señr.
WILLIAM FRENCH.
JNO. STERNE.
Wm. PATTEN.
GEORGE FARLEY.
RALPH, HILL, Juñ.
JNº. CROE. JAMES PARKER.
JONATHAN DANFORTH.
HEN : JEFTES.
Wm. CHAMBERLYN.
ROBT: PARKER.
Jno. PARKER.
"Theire request was granted by the Court."
CHAPTER II.
FIRST SETTLERS-LOCATIONS AND RELATIONSHIPS.
THE fathers of New England builded wisely, perhaps more wisely than they knew. They went about separate settlements in the same spirit and on the same principles with which they shaped the colony. Each town was to be a republic in miniature, coherent, and with sufficient vitality to maintain itself and support religious ordinances,-not a random collection of squatter-sovereigns, but, from the start, a compact body, competent to welcome or reject those who sought a place among them. The colonial policy was not narrow but wisely self-defensive, which declined to open the door to all the restless adventurers who might be disposed to come in and make trouble. And when a town was taking shape, time, correspondence, and long consultations, were necessary to secure the concurrence of a sufficient number of suitable families in the enterprise. Former neighborhood and family relationships would be important factors in determining these adjustments, as the early group of Billerica families illustrates.
We may assume that several families came near the same time to occupy Shawshin, and that this first settlement took place in 1652 or early in 1653. Most of the twelve signers of the petition in 1654, October,1 had, no doubt, their homes here at that time. Jonathan Danforth was married the next month, and John French and Ralph Hill, Jun., some years later. Probably, therefore, there were nine families in Shawshin in 1654, and of these, seven were located on the Dudley Farm, and perhaps eight.
John Parker settled on the farm reserved for the Church in Cambridge. This farm was based on bath and "," a mile wide, from the Wobama Roll Uwv
1
1 See pp. 16 and 17. Gookin and Champney did not settle in Billerica.
24
HISTORY OF BILLERICA.
was near the residence of Mr. Slack, on the East Road, and was an important centre in the early life of the town. Town meetings were held in it, and there Jonathan Danforth came for his bride, who was Mr. Parker's step-daughter. James Parker, one of the three purchasers of the Dudley Farm, had a house-lot on Long Street which was crossed by the Andover Road.
The other settlers were on "the farm," as Mr. Dudley's grant is designated in the early records. This farm, beginning at the Two Brothers, on Concord River, extends down the river two and a half miles to the Middlesex Turnpike, and is bounded north-east by the line of Charnstaffe Lane, extended from the river to a point just east of Ash Swamp and the narrow-gauge railroad ; south-east by a line of which Tufts' Lane is a fragment, and which crosses Nutting's Pond near its west end. The south line, four hundred aud thirty rods long, crosses the Bedford Road at the point where the road from Hill's Bridge intersects it, and meets the east line very near the railroad.
John Stearns and George Farley occupied the north end of this farm, the Bedford Road, where it turns south from Charnstaffe Lane, forming the dividing line between them. Stearns's house was south of Charnstaffe Lane, probably near the Deacon Whiting place ; and Farley's house near the Jaquith place. Next, on the south, was Ralph Hill, Sen., near Mrs. Judkins'; and, east of his farm, Lieut. William French had his home, towards Indian Hill, as the hill north of Nutting's Pond was called. Robert Parker's lot was on the east side of the farm, and his house-lot then, or afterwards, was east of the farm and south-east of Dr. Noyes's present residence. William Chamberline and Henry. Jefts were between Parker and Stearns, but their exact location is undeter- mined. JJefts was on or near Indian Hill, and Chamberline probably nearer to the Woburn Road.
The location of the succeeding families, and of the future village, was determined by a grant made "by the Church of ('ambridge for a Towneship." This Township and its inhabitants are often mentioned in the early records. It consisted of four hundred acres, bounded south by Charnstaffe Lane, and west by the river. John Trull's farm, known as the Bridge place and now owned by Mrs. Farmer, included its north-east corner ; and the lane leading from Long Street to this house is a few rods north of the Township line. House-lots, twenty to thirty acres in size, were
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