USA > Massachusetts > Middlesex County > Billerica > History of Billerica, Massachusetts, with a Genealogical register > Part 7
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The care of the common lands of the town already claimed attention. Citizens had privileges of use for cutting wood and timber and feeding "commonage," as the right was called; but it was restricted to their own use, and unauthorized traffic was forbidden.
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THE STORY AS TOLD IN THE RECORDS.
There was much surveying to be done in those early days. The woods and meadows would be carefully explored in all directions for lots and ranges likely to prove most valuable and convenient ; and it gives one a sense of weariness to sit down, with the book of Land-Grants in hand, and think of Danforth's travel and toil in running the thousands of lines there described. For his services in surveying, plotting, and recording the several lots "drawn by the whole inhabitants," the town agreed with Danforth, "10: 9: 59," that he should receive two and one-half pence for every acre, "to be payed vnto him out of ye Towne stock collected by Rate," etc.
It needed hardy, courageous, self-relying men and women to plant homes in this wilderness ; men and women who could live happily without luxuries, or what their children deem conveniences, and fertile in resource to supply their own necessities. Such, it is plain, were these Billerica men. They had discouragements, dangers, hardships, in plenty, but they were of too sturdy stuff to surrender.
While they were laying these foundations, they were watching with keen interest the course of events in Mother England. Those were the days of the Commonwealth, which enkindled all their Puritan sympathies. Cromwell's own name of Oliver found its way, not by the force of personal admiration, but following naturally the line of family relationship, to the second son of the Billerica pastor. Parker and Danforth and their neighbors would often talk over, by their winter fires, the latest news of the Protector's policy and battles, and were thrilled with the tidings of his death a few weeks after Mr. Whiting's removal to the town. The Commonwealth in England had nowhere more earnest friends than in New England. It can not be doubted that the seed then sown in the hearts of the fathers bore legitimate fruit a century later in the American Revolution.
The building of the minister's house and the raising of his salary brought heavier common expense, and a collector was needed. So, " 11th 11mo 1658," John Parker was empowered "to gather, receiue, and take up all and euery p't and p'sell of the severall sumes due vpon the rate made for the building and finishinge A house for A minister, and all other pay that is or shall be due from any of the inhabitantes or any other proprietors yt are non-resident, as is or shall be by him, the saide John Parker, requested to receive and
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disburse for the use of the town as aforesaid; and we doe also impower the saide John Parker to make distress vpon the goodes or Landes of any such person as shall refuse to pay there dues." They promise to defend him in any suit to which his lawful acts in this office may expose him ; require a true account of all his receipts and disbursements ; and undertake to make good any deficiency if his authorized payments exceed receipts. This agreement bore at first the signatures of the inhabitants ; but the Record does not preserve the names.
During the year 1659, arrangements for building a meeting-house were made, as elsewhere related. "Goodman Shead and Goodman Kinsley shall have Hogrooten Lott, if they doe desire it"; perhaps the name repelled them, and they did not. A committee are instructed "to ad such Lande to fox hill Lott as they shall see meet for the incouraging such persons as shall enjoy the same"; and Goodman Walsley [ ?] was granted ten acres of land to set a house on, "on the East side of bare hill, leading towards Shawshin ; also he is granted 10 acors of medow"; but both these last grants were made "null" afterwards. July 15, Lieut. William French was chosen "Comitioner for making the cuntry rate and caring in a duplicate to ye shiere meeting, and George Farley and Jonathan Danforth is joyned with him for this worke." "John Durante is granted ¿ of a ten acre lot of uplande to set a hous on, and it is lefte to ye comitee y Lays out all other Lots, to lay it out where is most convenient : yn it was determined by John Durant to have Je Land next Miles Reding, and the Towne granted he should have yt to Will Hail's." Reding's land became John Brackett's at the
"Corner," and this grant to Durant embraced the present homestead of Mr. Anthony JJones. A grant follows to Edward Iron, which became a nullity. William Sheldon asked that the committee might view a piece of land which he wished, and act upon his request as they might deem "most advantageous to the publique"; but his petition was not granted. He held his grant on condition of building "a mill to grind corn," and in 1663 the town "siezed the forfeiture," the condition not being performed.
"6: 12: 59. The Town doe agree that there shall be a Towne meeting for the wholl inhabitants the first second day in euery month from time to time ; and all those that are ye present inhabitants shall pay [for?] absence one shilling ; and also those that doe meet what
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THE STORY AS TOLD IN THE RECORDS.
our acts shall be de[clared ?] shall stand as vallid acts, and the fines shall be gathered by the constable then being from [time to time ?] and shall be disposed of as them that doe meet shall see cause, and the time of meeting is to begin about the sunn one our and a halfe hy ; and whosoever is Not at ye meeting [within one our?] after the time set, shall pay the fine vnlesse he can giue a good account of his being absent." There would be murmurings at least if citizens were now fined for absence from a monthly town meeting !
The first record of Town officers appointed is made in March. 1659-60. Samuel Champney is chosen constable ; Jonathan Dan- forth and Henry Jeftes, surveyors ; and "John Parker is added to them to help be(?) over the work about the bridge and casway at Shawshin," which was near his house. The Selectmen were John Parker, Leiftnt. Will French, Ralph Hill, Sen., Thomas Foster, and Jonathan Danforth. John Sterne and John Baldwin " are apointed to vew fences." John Parker was "chosen to carry the votes for Nomination of Magistrates and Country Treasurer," and also to attend upon the next General Court with the Town's petition " for Attaining of Mr. Weld's farme on the other side Concord River, to the Towne as other Comon Lands, if the Court pleased to grante the same and to give Mr. Weld some land elsewhere." But the petition, if presented, failed, and the town did not gain full title to this land for thirty years, although it early began to make grants upon it.
John Hall receives but declines a grant of land. George Farley . is chosen to serve on the grand jury, and Ralph Hill, Jun., on the jury of trials. Jonathan Danforth "is chosen deputy for the town to joyne with the Comitee to isew the buseness about County bridges and also to answer the presentments about Shawshin bridge," which had been complained of.
"2: 5: 60. The town do consente to Captin Gookin yt he shall haue 40 or 50 acors of land in some convenient place where it shall be found for convenient cituation to build vpon and break vp, in lew of which p'cell of Lande yt is granted to him by the Town Lying on the Township, and a committee is appointed to make the exchange." His lot on the Township was on the south corner of Long and West Streets, where the Library, Church, Post-Office, and Town Hall now stand, and his fifty acres in exchange were laid out "on the south side the Town, and a little southeast of Nuttin's pond."
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HISTORY OF BILLERICA.
During this year, the town "accepts" as inhabitants the brothers Peter and John Bracket, and Joseph Tomson and Simon Crosby. whose wives were sisters of the Brackets, all from Braintree ; also of John Kittredge and Roger Toothaker. And Benjamin Scot, brother of Christopher Webb's wife, had "leave to live in town," but did not accept it.
"John Bracket, requesting of the Town a small skirt of Lande Lying between his hous Lott and the highway on the East, together with a small Angl of Land Lyinge crosse the upper road way at Abot's Bridge and Simon Burd's fence according to two trees already marked by Jonathan Danforth, and so runninge to the hither corner bounde mark of John Durant's house Lott, the Towne grant his request, provided that John Bracket at his owne charge shall make a good and sufficient Bridge over that durty place (called Abots Bridge) both watter course and all the bad way on each side so far as is needful, which sufficient way shall be Judged and accepted of by the present surveyors and the work to be done by the said John Brackett by the Last of the Nexte month ensewing, or else this grant to be voyde." Bracket's house stood between the brooks at the corner, and this record identifies the locality, but does not explain the source of the name, of Abot's Bridge.
In December, 1660: "At a Meeting at Leiftent. French's, the major prt of ye Townsmen did agree yt Will Browne shold wayt sum time for the disposinge of his acomidations yt was granted him by the Towne, in reference to the getting of his charges yt he had expended upon the premises by way of improvement of the same himself, or by such other person as the Towne shall approue on, by his procuring or otherwise procured by the Towne; it was also yielded to the saide Will Browne that it sholde be propounded to the towne and move to another vote whether Simon Crosby shall injoy the Bargain soulde to him by the saide Will Browne, whether the said Simon shall injoy the same notwithstanding the vote yt is paste by the towne already, or whether he shall not injoy it." The result was no doubt in favor of Simon Crosby, as he henceforth appears as a citizen. This action, it will be observed, is of the "Townsmen," a frequent early name for the officials commonly known as Selectmen. Was not this early word better than that which usage has adopted?
It was soon found important to define the functions of these all important officials of the New England Town. The Town itself was an experiment in local government such as the world had never
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THE STORY AS TOLD IN THE RECORDS.
tried until the fathers set it in motion on these shores ; and its successful working was and is still fundamental in the American system. Upon the Selectmen much of this success depended, and Billerica thus outlined their duties :-
"19: 9: 1660. The severall prticulars drawne vp for instructions for the Townsmen, acordinge to which they are to act in the Town affairs. This was voted by the major prt of the Towne.
"1th. That what worke or business is by order of Courte Assigned on the Selectmen, or injoyned on the Towne, the Selectmen shall take due care to effect the same so as may best conduce to the publique good, and no damage by the neglect thereof.
"2ly. As often as they shall see Needful, they shall giue publique notice to the Inhabitance to meet together. & what orders or determinations shall be passed by publique vote of the Town, made by there Selectmen. the Selectmen shall take due care to execute, fulfill, and acomplish the same without respect of any man's person.
"3ly. They shall take due care for the maintenance, repairing, and well ordering of all such things wherein the Towne hath a comon interest, as the meeting house, Amunitione, pounde, stocks, common highways, common herdes, and the like.
"4th. They shall make such prudentiall orders and impose such penalties, and duly publish and execute the same, as may best efecte the execution of the premisses for the publique weall of the Towne.
"šly. That the nessary charges expended on the premisses in the execution thereof be discharged by an equall Rate made by the Townsmen and levied by the Constable on the severall Inhabitants and Proprietors acordinge to orders.
"Gly. The Constable at ye end of his yere shall giue in his acountes vnto the Townsmen (and any other person that shall receive anything of the Townes debts or money in Like manner) of what they. haue received of the Towne by way of Rate or otherwayes, of the publique stocke, and how they haue disbursed the same, which shall be cept vpon record in a Booke.
" Fly. The Surveyors of the highewayes shall take order for there work from the Townsmen, and shall take due care for the repairing of all Country Roades in the Towne. (and of no other without prticular order), and they shall keep vpon record (in a book fairly written) the names of all such persons as are improued therein during there yere and deliver the same to the Townsmen then in place.
."gly. The Townsmen shall carefully examine Town records which are already recorded, and wherein any of them are not so fully expressed as to the true intent of the Towne they shall corect and amende the same.
"9th. Whatever damage they shall aprehende to come to the Towne by any person within or without the Towne, by appropriating, intruding. or damnifiing or exceedinge there owne due proportion in any wise, in any
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of the Towne comons, Lands, or woods, or other publiek stocke, Libertyes, or interests in ye Towne, acordinge to there best discretion they shall timely preuent and remoove ye same ; and where any Lands are in question at the present, whether they are or shall be the Just right of such prsons as Lay claime to the same, they shall Judge acordinge to there Best discretions and either more fully confirm the same or else vindicate such Lands to the Towne.
"10ly. In case complainte be made by any man wantinge his due and Just proportion granted him by the Towne, they shall take due care that it be made good acordinge to there beste discretione.
"11th. All lands which are to be recorded to the propriety of any, a copy of the same shall first be vewed and approued by the Townsmen before they are entered in the Towne booke.
"12tl :. The Townsmen shall demande and carefully examine & receiue and pay all Towne debtes, and in case any refuse to pay, to destraine by the constable acordinge to the former orders.
"13th. They shall haue no power to grant any house Lott or acomida- tions to any person, vnless it be in makeing satisfactione to persons damni- fied by the highwayes going cross yr propriety, the which they shall haue power to act in acordinge to yr best discretione.
"19. 9. 1660. this was uoted on ye affirmative."
"27: 12: 64. The Town voted these instructions be not in force, but as they are voted by the Town from yeare to yeare." And a frequent vote of later years was to repeat previous instruc- tions to the Selectmen.
In the Treasurer's accounts for this year, Henry Jefts has credit for "300 briks for ye minister's chimney"; Ralph Hill, Sen., and Thomas Patten are charged thirteen shillings each for "not trayn- inge"; and Will Sheldon, James Paterson, and John Kittredge, for "defect in trayninge," two shillings.
"17 December, 1660. Leftent. Willº French is chosen Deputy for this Town for the Next Genr1. Court, and no longer." Two days later he was in his seat at Boston, the first Deputy from Billerica to the General Court.
On page 27, an important letter is found :-
"18: 11th mo. 1660. A copy of a letter from Major Willard, directed to John Parker: the contentes follow :
"Loving and kind ffriend, you have heard of the many notions between my son Blood and myselfe about the farme adjoining to the New addition to your towne; also you remember the agreemente that we made about running the Line between you and the farme, which, when I came with the men of Concord to [run?] it out, I had forgott : therefore. to prevent
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THE STORY AS TOLD IN THE RECORDS.
any further troubles. I pray. let that agreement [with?] yrself, Goodman Hill, and Gou. ffarley, which my sonn Blood and myselfe made, let it. [stand?] and continue; and to this eande I commit the thinge to my son Blood, wholly : in witness whereto I set my hande.
"Dated this 18: January, 1660. SIMON WILLARD."
This forgetfulness of the good Major was apparently the basis of a claim made by Concord about 1700, and of a controversy carried up to the General Court, concerning these lines.
In 1661, the town agreed that the clerk should have "twelve pence per a page," and for every land-grant entered in the book sixpence from the grantee ; and sixpence for every copy taken out of the book.
"The town did agree with John Parker to look out some land for the towne, to the vallew of four thousand acres granted to the town by the General Court ; and for what time the said John doth expende in looking for the said Lande, they do covenant to pay vnto him six shillings a day, and also to pay him for what other charges he shall necessarily be at in hireing Indians to discour or otherwayes, except his own provitions, which he is to bare himself."
The location and disposition of this grant are described else- where. The pay was probably not large enough to tempt Mr. Parker to devote any more time than was necessary to the service.
In 1661, we find an order concerning the "common herd" :-
"3: 2: 61. The Townsmen do order :
"1. That there shall be a comon Herde kept in the toune; or more herds if it is more convenient for the inhabitants who Liue remote from the senter of the Toune.
" 2ly. That all such persons as Liue convenient to turn there catell to the comon herd, shall pay their full proportion to the same, whether there catell be turned to the herd or not, if they goe without a cow[?]keeper.
"3ly. That all such persons as liue remote from the Toune, who can not so conveniently turne there cattell to the comon herd, shall put there cattell vnder a suffitient keeper, or pay half so much to the comon herd as others doe who liue convenient for the same. The persons which we judge to Liue remote, and are Lyable to pay but half, or else herd there owne cattell, are such as dwell upon or about Loes playne, and about foxes hill and which liue on the east and south of bare hill, and beyond them that way, except Shawshin farmes.
"4th. They do grant vnto the inhabitantes yt Liue about a mile from Shawshin house to make vp there herd if they wante, to the Number of three score.
-
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""5ly. They doe order that the usual places at which the Herdsmen in the toune shall take and deliver there cattell are at Ralph Hill. senior's. and Jonathan Danforth's south east corner of his house lot.
"GWy. That Jonathan Danforth and James Kidder shall agree with herdsmen or a herdsman, and to draw vp orders that consernes the same, in behalf of the whole.
.. 7ly. They doe order that all such vplands weh. ly vnfenced, which are the propriety of any particular person or prsons whatsoever, shall be accounted comon for the free feed of cattell, without any Lett or hindrance from the particular proprietors of the same.
"gly. It is ordered that the herdsmen shall drive out there herd thease severall ways hereafter mentioned, in theire severall days, towards the falls and beyond that way; and ouer Concord riuer when the water is Low. that the Catell may pass through the riuer; and beyond goodman Hills and arounde the ponde and beyond it; and by Nuttens towards Capt. Gookins farme; and round fox Hill (but not to keep the herd about any of the houses of such as pay half the herdage, whose cattell cannot goe conveniently with the herd) ; also to keep the herd out of all meadows, as they will answer the neglect of it at their own peril.
·gly. It is also ordered that what person or persons soever shall refuse to pay there proportions to the comon herd, they shall pay one-quarter so much more than there wholl proportions; and to be Levied by distress by the constable, acording to Law, or such other person as the Townsmen shall apoynt. And that all such cattell as either goe with the comon herd (or are Lyabie to pay to the same) three weeks in either half year, in the Time of herdinge, shall be Lyable to pay for the whole half."
Soon after, "it is ordered that any person being Legally warned to keep the comon herd vpon the sabbath day, and he refuse and neglect the same, shall pay for a fine five shillings." A fine of sixpence was also laid by the Townsmen, "if any one of them doe neglect to appear at the usual days of meeting, by eight of the clock, in the forenoon," and, "if any of them shall deprt at any time, without special leave from the rest of the company," he was fined two shillings and sixpence.
In 1660, "Simon Burd is sworne Clerk of the Trayne Band," the first record of the military life of the town. "24: 8: 61. James Kidder is chosen sarjent, Thomas Foster, eldest corporal, George ffarley, corporal, Samuel Kemp, drummer, and Will' Hamlitt, Clarke to ye company."
Four days later, the town made a distribution of meadow lots to forty-one inhabitants, which was afterwards annulled, probably because it was found to belong to the "great meadow" of Governor Winthrop's farm.
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THE STORY AS TOLD IN THE RECORDS.
An important agreement bearing the same date follows : -
"We, whose Names are vnderwritten do Agree that John Parker and Jonathan Danforth shall haue one thousand acres of Land (to there owne propriety) out of the four thousand acres of Land granted to the Towne by the Last General Courte, provided that they Lay out the other three thousand Acres at penicooke, or sum of it nerer home in either place or places, as the Towne shall Apoynte, and be at all charges about it, returning a record of the buttings and boundings of the same, with a platt of it, to the Generall Courte for their confirmation of the same.
"Mr. SAMUELE WHITINGE.
SAMUELL CHAMPNEY.
Leift. WILLI FFRENCH. JOHN ROGERS, SenT.
WILLi TAY. JOHN MARSHALL.
GEORGE FFARLEY. JOHN KITTERIGE.
HENERY JEFTS. THOMAS PATTIN.
SIMON BURD. SAMUELL KEMP.
SAMUELL KINSLEY. JOHN POULTER.
DANIELL SHEAD. JOHN BALDWIN.
CRISTOPHER WEBB. JACOB BROWNE.
WILLI CHAMBERLIN. JOHN FFRENCH.
JOHN TRULL. WILLi HAILL.
JAMES PATTERSON. JOHN DURANTE."
A glimpse of the pioneer side of life follows: “5: 9: 1661. It is ordered that what person soever shall kill a wolfe or wolues shall haue, for euery wolfe killed and brought to the constable acordinge to law, he shall haue for euery wolfe Twenty Shillings, which shall be payd by the constable then being, in the towns behalf * provided that either English or Indian shall make proof to the constable or select men that it was killed within the boundes of or Towne." Ralph Hill, Jun., and John, Indian, received each one pound from the town for wolves killed, in 1661. At the same time a committee was appointed to make recompense to "the several inhabitants for Highways taken out of there lands."
A large share of the town action of this period is devoted to grants of land, general and special. Much of this record can not be quoted here, but some items have special interest and may be given.
"19: 9: 61. The Towne doe grant vnto Francis and John Wyman that prcell of Lande yt Lyeth between Oberne Line and the farme that they purchased of Mr. Dunster, which is by estimation
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four score acres, more or less, and is bounded on the south or south east with Captain Gookins farme Line, which prell. of Land the Towne doe grant to the aforesaid Wymans for propriety ; and also the Towne doe grant them Liberty to mow the meadow that Lyeth in or bounds Nere to Oberne Line, on Stop brooke, from yere to yere, vntill it shall be otherwise disposed of, if it fall not into Captin Gookin's farme, when that farme Line come to be perfected." "John Parker is chosen juryman for Cambridg cort. 8mo. '62." " Will' Tay was chosen comitioner for ye cuntry rate. '62."
An early custom, long disused, is brought to light in this item : "22: 10: '62. John Kitrige is desired to se to the fulfilling of the order about ringing and yoaking of swine; in case any of our inhabitants doe not ring and yoake their swine acording to the order, we doe impower him the said Kittrige to ring and yoake ; he shall haue for euery swine he doth ringe, after three days warning giuen to the owner off them, he shall haue for euery swine he rings sixpence a swine, Levied on the persons that doe neglect ; and for euery swine shall be yoaked by him, after such notice giuen as before said, he shall haue 9p. pr. yoak for all that he suffitiently yoakes." The record is John Parker's, and he intends his language to be explicit, if it is sometimes a trifle redundant and ungram- matical.
"8 :10: 62." Christopher Web. asks for about two acres of land, "on the brook aboue his house, Next brother Foster's fence," but the town declined to grant it. On the same day, "Joseph French is accepted of by the major prt. of the towne, to be an inhabitant in the Town on Golden More's lot." But Mr. French did not remain on More's lot. He married soon a daughter of Thomas Foster, and three years after has leave to cut timber for his house, which stood, as his "grants" show, east of the Woburn Road, near Mr. Foster's.
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