USA > Massachusetts > Middlesex County > Billerica > History of Billerica, Massachusetts, with a Genealogical register > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61
"2: 12: 62. The Townsmen doe order that the meadowe belonging to ye Mill Lott, and the meadowe called by the Name of ye Cow-keeper's meadowe, shall not be mown by any person whatever without leave from the Townsmen, and an agreement made with them what Rent they shall pay for the same, or any prt. or prcell. thereof." "John Sternes is ordered to pay for the grass that he did mow the Last Summer on the Mill Lott, or any other comon meadows, 6p." The cowkeeper's meadow was south of the falls and present mill-dam at North Billerica.
67
THE STORY AS TOLD IN THE RECORDS.
"23 : 12 : 62. At a town meeting it is agreed that there shall be trees marked on the Highways to stand for shade for cattell from time to time; and what trees soever are fallen by any prson w'soever, that is or shall be marked with T, shall forfeit for any tree so fallen pay tenn shillings ; if any such trees be Lopt, they shall pay the like penalty."
"The Towne did agree yt Leiftnt. ffrench and George ffarley, as a comittee in the Towne's behalf, shall treate with Ralph Hill sen". about a peece of land, about half an acre for a buring place." The result was, "10 : 2: 63. Ralph Hill Sen' gane to the Towne half an acre of Land for a buring place, on condition that the Towne shall fence all against it Next unto his own Land from which this } acre shall be taken." This was the origin of the Old South Burying Ground. Mr. Hill died a few days later.
"16 : 1: 63. John Baldwin and John Trull are chosen to vew fences on the west side of ye Rode yt Leads between Concord and Andever. Tho. ffoster and Benjamin Parker to vew all the fences the east side of that Rode."
"The Townsmen doe order that all fences shall be made suffitient by the 1th day of Aprill Next ensuing after the date hereof, about all corn fieldes, on penalty of paying four pence pr. euery poll yt Neglects ; and all fences shall be good, fine rails, or one equivalent to it ; and that fence yt is three feet and eight inches high shall be acounted a suffitient fence : the fine set shall be Lyable to be payd by all prtys. defective when the time is out, yt is alowed by ye Law to vewers of fences ; the four pence pr. poll fine to be payd, the one half to the vewers of fences & the other half to the Towne."
Town meetings were, at first, held frequently and whenever busi- ness required, and town officers were chosen as convenience called for them. The first appointment of a regular town-meeting day was made as follows : "10. 2. '63. James Kidder is chosen constble for ye yere insuinge, till the Last second day of March ; and the Towne doe agree that from yere to yere, the last second day in the 1th month shall be the day of Election for Constable and Townsmen and all other oficers to be chosen in the Towne, acording to Law."
The following extract illustrates the persistency of the disused name Shawshin : "5 : 11 : '63. At a Towne meetinge at Shawshin, the Towne did agree that those prsons yt haue had their Lands taken away from the comon field, by Mrs. Winthrop's farme Nere Concord Riuer, shall haue their lands layd out to them, in Lew of the same,
.
68
HISTORY OF BILLERICA.
vpon the playne beyond the mill Brooke, called content Brooke : that prt of the playne that Lyeth on the North side of heath swamp meadow; to be Layed out by a comittee at their best discretion to act between the Towne and the prsons conserned therein ; and they are ordered to Lay out golden more's 50 acres of Land that ye Town granted to him, to be Layed Next adjoining to the comon field Lotts at that end Next toward the Indian's plantation. The comittee appointed and impowered to do the work are these : George ffarley, Jonathan Danforth, Henry Jefts." On the same day, "The Towne doe except of Samuel ffroste and his brother, James ffrost, as Inhabitants in this Towne, in case they can by or hire acomodations in the Towne to liue vpon."
Farther action was also taken in the matter of the Cambridge lots. John Parker's agreement to clear the titles of eight thousand acres is given in the preceding chapter. Now, "the Towne doe request and impower John Parker to purchase the Remainder of the Lots of Cambridge that Ly in this Towne Boundes, for the, vse of this Towne ; he is not to exceed six pence pr an acor; and the Towne doth ingade to pay vnto the saide John Parker, in cattell or such corne as he can, with the owners of the Lotts for, at or before the Twenty and ninth day of december Next cominge After the date hereof. And they doe agree to pay to him six pence an acor, at the least, for what he shall soe clere to the Towne more than the eight thousand acres formerly agreed on to be clered by him to the Towne."
The Cambridge lots numbered ninety-eight hundred acres, so that if Mr. Parker had lived to carry out his former bargain fully, there would have remained eighteen hundred acres to which this stipulation would apply.
"17: 12: 63. The Townsmen did order that all records and copies of records, and all platts of lands and meddows that con- serned the Towne, shall be kept in the hands of the Townsmen, or their order, for the Town's vse & benefit for the future."
Mr. Parker came to Billerica as lessee of the Church Farm, and did not acquire any claim in the common lands until the following grant was made to him :-
"25. 11. 63. The Towne did sell vnto John Parker, the mill Lot, the House platt to be removed Nere to the great bridge, 44 acors; and the former place is Lade by the Town at present comon to the Town's vse ; (but the Town hath sould vnto the aforesaid John Parker the said lot,
69
THE STORY AS TOLD IN THE RECORDS.
called ye mill lot, formerly laid out and recorded to Willi Sheldon, vpon conditions which were not performed by the said William,) the said John, his Heirs, executors, and assigns, by the Town's agreement shall have, hold, possess, and Jnjoy, all that Lott, together with all devitions of Land that are Layd out, or hereafter shall be due to be layd out, of upland and meadow land, and all other priviledges as doth or may belong to an eight- acor Lott; for and in consideration whereof, the said John doth consent ' and agree to pay vnto the Towne for their vse this present Town Rate, to the valew of Twenty and five pounds, now in hand, acording to the Townsmen's order; and the sume of Thirty pounds more in such pay as shall Answer the Town's ends, for present or future comon charges, for laying out Landes or such like publique ocations, to be payd by the said John, his Heirs or assigns, to the Townsmen of the Towne of Billirica, or to their order, as the said charges publique shall necessarily arise in the Towne to be paid, as abovesaid, vntill the just sume of fifty and five poundes in all be discharged."
Town charges and taxes were not a light burden to the hardy men who were clearing the forests and laying the foundations here. Most of the pioneers had not much to begin with, except their own strong arms and brave hearts ; and the providing of the plainest necessaries for the comfort of their families was often quite as much as they could secure. It was natural and legitimate therefore, for them to appropriate the grant of four thousand acres from the General Court, to the payment of their heaviest early charges for the meeting-house and Mr. Whiting's salary ; and provision for other obligations by grants of their common land, as in this case, to Mr. Parker, were reasonable in their circumstances.
The Records have fortunately preserved exact account of these public charges, which the town was called upon to meet, and this chapter may fitly close with a transcript of the accounts of the town, 1661-4.
"1: 12: 63. The Townsmen did order the Town debts and credit shall be recorded in ye Towne booke.
"The Towne of Billerikey is creditor from John Parker, due to the Towne since the Rates made 1661.
"Ralph Hill Sent Not trayninge '62 : 0- 4- 0 Willi Tay pajd yt he was behind for ye same 0- 4- 0 due for the old stok of amunition, 15 p powdr, 2 p bullets & 12 p match. 2-15- 8 John Blood gave twrd. ye ministry prt of ye pay for killinge two wolves 1-10- 0 Simon Crosby payd, for Willi Tay, for 2 acors of
Nuttin's meadow, to the Towne 2- 0~ 0
70
HISTORY OF BILLERICA.
"for the Amunition Rate gathered in 61 5- 0-10 for a towne Rate gathered in 61 6- 9- 0
for grass mowne by John Sterne on ye mill Lott, on Shawshin Riuer 0- 6- 0
due for the mill Lott and all the devisions of lands and meadows and privilidges belonging to the same, by John Parker 55- 0- 0
28 : 1: 64. John Blood gave to ye Towne yt was due to him, from ye Towne 10 p & from ye Cuntry 20 1-10- 0
due to the towne to the 07 : 9 : 64, ye sum of 74-19- 6
So there is due still to the Towne 13-08-0"
The above balance is obtained by subtracting the following charges : -
" since Rates made '61 Towne of Billerikey Debtor.
"is due to John Parker, for ye Townsmen's diñers, to
28 :10:63 in all 13 meetings
2- 4- 6
payd for fixinge vp the Drum, New head and snares 0-15- 0
and cord
payd for keepinge ye meeting hovse, 62, to Daniell Shead 1- 0- 0
charges expended at or Lecture, 62 0-10- 0
payd John Bracket for fetching Mr. Miller from ye bay, to preach here 1 Lord's day when Mr. Whiting was absent 0- 4- 0
for Recording ye mill Lott, 2 devitions, & pay for helping Lay it out, in all 0- 3- 0
paid for helping Lay out ye minister's 2 devitions 0- 2- 0
charge about Mr. Whiting's paster fence 4-10- 8
for a pane of glass for Mr. Whiting's window 0- 1-10 payd John hapeny, jndian, for killinge a wolfe 1- 0- 0
payd John Stern for briks not paid for
0- 7- 0
payd John Sterne for Ruñinge obern line 0- 2- 0
27: 2: 63. charges when ye cousell of Elders and Messengers from other churches. 2 m. & chs.1 1-13 - 6
payd to John Blood for killinge 2 wolves 2- 0- 0
payd ye deputy's charges & dyet at Court, 63 1-12- 6
to ye smith, for 2 staples for ye bridge 0- 2- 0
payd to Henery Jefts for Ruñinge Con'd line 0- 2- 6 payd Jacob ffrench for ruñinge yt Line 0- 2- 6
payd Jonathn Danforth for publique service, for the Towne 3-10- 0
1 I interpret the obscure original of the last clause by the fact that two churches were present. If the figures are "12," as they look, it is not clear what the abbreviations following mean.
71
THE STORY AS TOLD IN THE RECORDS.
"for 80 p. powder & 140 p. bullets & 28 match, for a Towne Stock 10-14 - 0
payd for a cushion for ye pulpit & making of it 1- 1- 6 charges at gathering a ch'ch, and ordaining Mr.
Whitinge 6- 1- 8
charges about the meadows on ye west side Concord river 6-17- 0
payd Simon Burd for provisions he caried in to Mr. Whiting's 0- 9- 0
to George ffarley for vewing the meadows, 2 days, and Ralph Hill & John Sterne 0-18 - 0
to the County Treasurer for a presentment 0- 2- 6 for a gallon of Liqr to the Towne from br Tay, when ye mill Lott was solde 0- 8- 0
Due more in John Parker's book on aconte to the 07:9:64 14 - 16 - 10
Sume is just 61-11 - 6"
"payd to Jonathan Danforth for Laying out Land, and other work, by the Towne order, since the 22: 1 : 63, as followeth :
"for Laying out the mill Lot, 44 acres, platting & recordinge it, at 2 p ¿ pr acr. 0- 9- 2
for Laying out 12 acres for Roger Toothaker, for land exchanged with the Towne; bounding and recording it 0- 2- 6
1 day's work before as one of the comittee about the exchange with him & John Rogers, and bounding and recording both 0- 2- 6
2mo : 64 Laying out (283) acres to severall men for recompense land at 2 p & pr acr. 2-19- 0
for Laying out (338) acres in the comon feild, on the other side Concord river, to severall men at 2 p } pr. acr. 3-10 - 6
ye sume paid to Jonathan Dan : is 7- 3- 8 68- 15 - 2
7 .: 9 : 64. Reckoned with the Townsmen of all aconts, yt conserns the Towne and John Parker, and there remains due to the Towne to that day the just sume of 6- 4- 4"
CHAPTER V.
BOUNDARIES.
SHAWSHIN was bounded on the southwest by Concord, southeast by Cambridge and Woburn, north by Andover and the Merrimack River, and west by Concord River. By the changes since made, these lines have been so completely modified, that the only fragment of the Shawshin bound which Billerica retains with the same neigh- bor, is the short portion of Concord River between the Tewksbury line on the east and the Pawtucket stake on the west, where the Chelmsford line leaves the river. The Burlington line is also a part of the early boundary, but Woburn, not Burlington, was then the neighbor of Billerica there.
The first change was made when Shawshin became Billerica, in 1655 ; the part of the town lying west of Concord River being then added. The line of this enlargement began at Pawtucket stake, on the west side of the Concord River, nearly three miles from its mouth, and ran 43° west of south, the present Chelmsford line, four miles, to a point about one-half mile south of the Carlisle line. It then turned westward 36° for three hundred and thirty-two rods, and reached Major Willard's farm. It was then bounded by this farm, south 46° west one hundred and sixteen rods, south 41° west three hundred and eighty-four rods, to a point in the old line of Concord about three miles and one-quarter west of the river. Following the Concord line one mile, to the Blood's farms, its course was along Blood's line, northerly, easterly, and then southeast, to the river, which it reached between the Two Brothers and the present line of Carlisle. Or, if we assume Billerica's early claim, afterwards yielded to Concord, of the Blood's farms, this old line of Concord and Biller- ica ran a straight course south 53º cast about seven miles, to a point forty rods cast of the Shawshin, passing along the southern slope of the village of Bedford, between the Main Street and the depot.
73
BOUNDARIES.
Leaving the Concord "old line," the boundary with Cambridge, afterwards "Cambridge Farms," and Lexington ran northeast to "the pine at Cambridge," which was also the southwest corner of Woburn. If any survey or description exists of this Cambridge line, I have not found it; and I can not say whether it was direct or angular. But the present bound between Bedford and Lexington, running southwest from the Burlington corner, would, if extended in a straight line, meet the Concord "old line" so nearly, if not exactly, at the point in question, that there can be little doubt that this was the old Cambridge and Billerica bound, and that this was a straight line about a mile in length. From "the pine at Cambridge," or southwest corner of Woburn, the Billerica line ran a nearly straight course one mile east of Shawshin River until it reached Andover, a distance of about eight miles. The course of the Shawshin is too winding to make such a line easy to determine, and a controversy naturally arose with Woburn in reference to it. But the skill of the early surveyors, Jonathan Danforth and John Sherman, stood the test, and the line first run by Danforth was finally accepted by both parties. It still remains as the west line of Burlington and the east line of Tewksbury ; but Billerica has lost the short portion of it which Wilmington took from Woburn, that corner east of the Shawshin having been granted to Wilmington soon after its incorporation.
Andover retained a section of meadow by agreement with the Billerica proprietors, east of the Shawshin, which would have belonged properly to this town; but, from the Shawshin to the Merrimack, the line was direct and about five miles long. Thence, the line of Billerica followed the Merrimack and the Concord Rivers, until it reached the Pawtucket stake again, a distance not far from three miles on each river. All these lines gave ancient Billerica a circumference of 35.5 miles. Every change, except the transfer to Wilmington, has reduced the extent of the boundary, which is now about twenty-five miles.
The Andover boundary was apparently drawn perpendicular to a line connecting the two meeting-houses, and was to be six miles from the Andover meeting-house. This was a nearly equal division of the distance, and obviously so intended, between the two meeting-houses. For some compromise or consideration, which is not explained in the Records, Andover was allowed to hold the meadows on the east of Shawshin for nearly a mile beyond this line.
74
HISTORY OF BILLERICA.
The earliest reference in the Records to the Andover line appears thus : "3 : 7 : 60. Jonathan Danforth, John Parker, and [no name given, ] chosen a committee to prove the line between Andover and o' Towne on both sides the river of Shawshin."
No record is given of the action of this committee, but the following letter appears eight months after, and explains itself :-
"a letter to Andever, 6 : 3 : 1661.
" Loueinge ffriends and Neibors : Conserninge the meaddows that were granted to yr Towne by the Generall Courte within our boundes, Nere Shawshin River, it is agreed that if yu will except of the Line that was Last staked at the olde pine that is fallen downe, acordinge to trees then marked, it will be an issew; other wayes, if you will not except it there. our towne's mind is that it shall be measured ; y" are intreated to send yr answer speedily whether yu will will meashure the medow or except the Line; but the Towne doe not consente at presente to alter the Line of the upland."
Andover probably accepted the line already run; as, if it had been again measured, the appointment of a committee for the purpose would hardly have failed of record. In March following a committee was appointed to run the line with Andover; and "23 : 8 : 1665, Ralph Hill, Henery Jeiffs, and Jonath : Danforth, are appointed to run the line between Andever and oure towne, on ye east side of Shawshin River, and to lay the bounds by measure from their meeting house."
These adjustments, however, were not final, and almost twenty years after the question came up again.
"At a meeting of the Selectmen, 17, 2m, 1683. They do appoint and impower these psons. whose names are vnder written, to state & establish the bounds between Andover and our towne, on the east side of Shawshin River: Provided always, that they state it but six miles southward of Andover meeting house; (which, as we vnderstand, is according to ye Hond gen" Court's grant to them in that place.) or that they state it from Woburn line, that is, from ye North west angle of Woburn land toward Andover, & so to square to Shawshin River, & not otherwise. The com- mittee are ens. Joseph Tompson, Corp". John french, Jonathan Danforth Sent Jonathan Danforth Junr."
Three days later the committees of the two towns united in the following agreement : -
"Whereas the bounds between Andover and Billerica on ye east side Shawshin river was never yet fully agreed on by the saide townes; by an agreement of a committee chosen by each towne, with full power for that
75
BOUNDARIES.
end abouesaid. they have mutually agreed that what meadows and vpland Andover hath laid out to perticular persons, on the east or southeast side of Shawshin river abovesaid, before the date hereof, (excepting a peice of meadow laid out to Steven Johnson of Andover,) shall belong to Andover, though it should fall without ye limmits the generall Court hath granted them ; and what vpland Andover hath laid claime to, hitherto. that shall fall without their claime, vpon the measure of their six miles, shal belong to Billerica.
"In witness that this is our mutuall agreement, we have herevnto set our hands, this twenty of Aprill 1683, and that six miles shall be the stated bounds between town & town, only as abouesaid excepted.
" a greed upon for Billerica,
"Jonathan Danforth Senr, Joseph Tompson, John french. "By Andover,
"Dudley. Bradstreet, John Osgood, Thomas Chandler."
When this agreement came before the selectmen, we find the following curious and significant record. To appreciate it, we must remember that the three members of the committee were all selectmen, who, with Ralph Hill and Samuel Manning, composed the board.
"The selectmen, comparing the committee's order by which they were to act with what they returned in writing vnder their hands, as abouesaid : And they find that ye said committee acted beyound the power committed to them; and therefore do wholly disallow of what they did, acording to what they returned in writing.
"But, the said committee, declaring that their agreement was not fully written at that time, for want of paper sutable for such a purpose, and that their plaine and honest agreement was. that the stated boundes betwene the two townes shalbee acording to ye generall Court's grant, i. e. six mile from Andover meeting house, and that what land Andover towne had granted & recorded in their towne book before that day, to any of their inhabitants, (excepting only a parcell of meadow granted to Steven Johnson of Andover,) shall belong to the severall psons to whom Andover hath granted them, as if such lands had bin granted to ye sd psons by Billerica towne; and that this their agreement should be preferred to ye Hon'd Generall Court for their confirmation thereof.
"The Selectmen doe alow and confirm such agreement as this, in case Andover do consent to it; or els they declare all which was done by ye comittee to be anuld and of none effect."
A committee was appointed, "4 : 9 : 61, to run the Line Nexte to Chelmsford," consisting of Ralph Hill, Sen., Henry Jefts, and Jacob Brown, and, in 1678, Jefts was again a member of a committee for the same purpose. But, beyond the occasional appointment of
76
HISTORY OF BILLERICA.
such committees, the Chelmsford line has no notice in the Records. Consisting of the river and of a straight line, no controversy ever arose concerning any part of it.
The Concord line, however, west of the river, was complicated with Blood's farms, and the disagreement as to its location was serious, requiring the interposition of the General Court to decide the question. The germ of the controversy is revealed in the letter of Major Willard, given in a previous chapter ;1 but it was not developed until a generation later. The following petition brings its elements into view : -
"CONCORD, Febr. 7, 1692. " To the Honble General Court : &c.
"The humble petition of the selectmen of Concord and Chelmsford, on behalf of sd towns. Sheweth: That whereas there is a considerable pcell of Land Lying between the towns of Concord and Chelmsford and the Blood's farms, part of which is challenged by Billerica, and another part by Robert Blood, Sen .; to a great part of which we do humbly conceive the said Billericah & Blood have no legall or just title; And whereas the said land lyes at a great distance from the said Billericah. but joins upon the said Concord & Chelmsford; Your humble petitioners do therefore, with- submission to this Hon'd Court's pleasure & wisdom, pray that a committee maybe appointed to examine the claims that are by them made to sd land, and the lines that they pretend unto; and that, in case their just right to the premises can not be demonstrated, that then this Honored Court will be pleased to bestow the sayd lands upon the aforesaid towns of Concord & Chelmsford, as an inlargement, and your petitiones shall ever pray," etc.
"JAMES HILDRETII. JOSIAH RICHARDSON. HUMPHARE BARAT.
SIMON DAVIS.
JOSEPH FARWELL. STEPHEN PEIRCE.
FRANCIS FLETCHER. JOHN WHEELER. THOMAS BROWNE."2
In response to this petition, the Court appointed Capt. Thomas Brown, of Sudbury, Lieutenant Fiske, of Cambridge, and Mr. Joseph Sherman, of Watertown, "a committee to view the lines between Concord, Chelmsford, Billerica, Weymesett, and the Blood's farms, or any lands thereabouts in controversy between the towns adjacent, farms, or cuntry lands, near said Towns, and make report whether there be any Cuntry lands left there, according to their particular grants, and of their doings therein, at the next session of this Court."
1 See p. 62.
2 See Massachusetts Archives. Vol. CXIII, 24.
77
BOUNDARIES.
This contest with Concord and Chelmsford had a twofold basis : the indefinite terms of the grant to Billerica, in 1665, and the question whether it was designed to include all the then ungranted land between Concord and Chelmsford ; and the uncertain bound of Major Willard's farm, which was one of the Blood's farms. The Bloods had made an exchange of land with Billerica, and this controverted line was included in the exchange. Major Willard's farm of one thousand acres, which had been given by him to Robert Blood, who married his daughter, was located north of Concord line and on both sides of the present boundary between Acton and Carlisle. It bounded Billerica on the west, and gave occasion for the following : A committee report, "22: 12: 58. We did meet the Major and stated ye Line of his farme, and by the Major's advice and aprobatione ; and also we then made an exchange for prt thereof with Robert Blood for sume scurts of Landes adjoining to his farme that he purchased of Mr. Hough, of Redinge." A few days later the town voted that this agreement should be perfected by the same committee; and, "6: 3: 61, the whole agreemente with Robert Blood and the said committee was confirmed fully, as appears by writings drawne and sealed and subscribed between the said Robert and vs, in behalf of the towne."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.