USA > Massachusetts > Middlesex County > Billerica > History of Billerica, Massachusetts, with a Genealogical register > Part 9
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At the session of the General Court, in May, 1655, when Shawshin received its enlargement west of Concord River, Concord also received a grant of five thousand acres, known in her later history as "Concord Village," now the substantial part of Acton. In the petition for this grant, the petitioners say," "we finde about seven thousand acres left out, of which Major Willard hath two thousand acres, except a little part of one end of his farme, which Lyes in the place or parcell of vacant land that was since given to Shawshine." This Concord petition has curious interest to Billerica in two particulars. It recognizes the grant to Billerica of the very same tract which, in 1693, the representatives of Concord and Chelmsford sought to wrest from Billerica. And the date of this recognition is so early, in that very May, 1655, as apparently to imply that the action of the Deputies in October, 1654, granting the petition of Shawshin, as already given,4 was recognized as binding, although not confirmed by the Magistrates until May 30, 1655.
3 Shattuck's Concord, p. 39.
4 Ante, pp. 17 and 18.
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HISTORY OF BILLERICA.
By the exchange made with Blood, Billerica gave him a strip adjoining Mr. Hough's grant, and received an equivalent from the Willard Farm, and with it the question afterwards raised as to its boundary. In 1665, Danforth surveyed and mapped Blood's farm ; and his description was produced in a controversy which arose in 1683.5 At that time, Blood, in his petition dated May 16th, recites facts given above about the meeting with Billerica committee, and adds, "afterwards, ye said Major Willard, meeting with a committee of Concord, did with them so state the bounds of the farme, without the knowledge either of ye towne of Billerikey or ye aforesaid Robert Blood, which was recorded in the town book of Concord, which was not then in his power to do, having already set the bounds in part and left it with the said Robert to perfect them, as appears in a letter of his, sent to Mr. John Parker."
The letter of Major Willard6 confirms this statement. The whole transaction shows that good men were as liable to err then as now, and that human nature has not changed much in two hundred years.
But the result of Blood's controversy with Concord, at this time, was an arrangement by which, with certain privileges, he and his farms should henceforth belong to Concord, and his prior and rather undefined relation to Billerica was terminated.
Ten years later, Concord and Chelmsford, as shown in the petition given above, sought to wrest from Billerica the western part of its early extension, and divide it between themselves. The reply made by Billerica has not been preserved; and it might, perhaps, have been made more conclusive, had Billerica been aware of, and able to quote, the above admissions of Concord's representatives in 1655. But the controversy remained undecided, and, 1698, November 17, a petition of Billerica gives her statement of the question at issue : - 7
" Whereas your honours well know that our humble petition for the confirmation of a tract of land, granted by this Honourable Court to our Towne, for our incouragement, to settle a plantation where we now live (about 40 years since) have been before your Honours; and about four years last past, we followed it at severall sessions, and again renewed our peticon the last May; and since that. as we understand, this Honourable Assembly have spent very considerable time about it, and yet no issue ; we yet again humbly pray, that an aspect of your favour might be towards
5 Massachusetts Archives. Vol. XXXIX, 859. Blood's petition is No. 858.
6 See p. 62. 7 Massachusetts Archives. Vol. CXIII, 198.
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BOUNDARIES.
us, to prevent our plantation from breaking up or breaking in peicess, after all that charge we have been at, And hazards that we have run, to keep our ground hitherto & not broke wholly in piecess. We humbly pray, that the wrong information that the Court hath had from Abraham Parker, or any other person ill-minded to us, may not be taken notice of, who hath much conserned himself for his own private interest, and far beyond what he had order for from their Towne to do in this case. We still asert, as we did before, our case is Honest. We have neither deceived the Court, nor wronged any of our Neighbors. We had real need when we begd it, and now shall be left ten times worse, if taken from us, than if it had been never granted; for we lotted out all that was good in it to our inhabitants about 35 years since; and many persons have sould their alotments to others, and themselves now dead, & their children not able to make good their father's sale; neither hath our town any meadow yet lying in common to recompense them that shall lose their meadows therein. We still own that our first peticion, which was about 43 years past, was worded too short ; it wanted Bounding at the west end; we could not then help it. for Concord had not then laid out their village, neither had Mr. Willard laid out his thousand acres, neither was Mr. Hough's farm of fower hundred acres laid out, nor Mr. Weld's farm of five hundred and thirty acres laid out. Hence, we could not Bound it, and it is not yet three years since some of them was finished, or but little past; but now we know what is left in common. And now we pray this Honourable Court to confirm to us, the inhabitants of Billerica, our heirs and sucksessours, all the common and waste land, not formerly granted by this Court to any other, lying between Concord River & Chelmsford line on the North, Concord township & their village line westward, and southward by the farms granted to Mr. Nowell. Mr. Alin & Mr. Hough, which land is now possessed by Robert Blood; and that Robert Blood might be ingadged to shew us the bounds of his land, for this forty years hath he refused to shew them; of some of them no record is to be found in Court rolls, nor of any confirmation of them as he hath laid them out. Now, we humbly pray this honourable court to consider our necessity and grant to us our humble request at this sessions; And as for the charge the Committee was at about it, we are willing to discharge it ; But as for Abraham Parker's bill, we pray it may be considered we can prove it unreasonable, and above half the charge without any order from Chelmsford. So shall your humble petitioners continue to pray & remain your humble servants.
"In the Name and behalf of the Town : "JONATHAN DANFORTH. JOHN LANE.
JOSEPH TOMPSON. JAMES FROST. JONATHAN HILL."
The results of this petition and progress of the controversy appear in another petition of Billerica,8 in May, 1700 :-
8 Massachusetts Archives. Vol. CXIII, 217.
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HISTORY OF BILLERICA.
« * * Whereas report hath formerly been made unto this honourable house, as if the town of Billerika did encroach upon the Country's land. & that report so far received by this honorable house, that our town hath bene sent unto by this honorable house to Render our Resons, if any we . had, why such land might not otherways be disposed of; the which we gave in March 5, 1694-5, which we hope have been considered of by this house ; and have divers sessions been waiting upon this honorable house for the confirmation of the bounds of our plantation, that part thereof which lyeth on the west of Concord river, but still we remain unsettled, to the great discouragement of our plantation. Our last petition we presented unto this honorable house was granted iune 20, 1698; but it pleased not the honorable Council at that time to concurr therewith, but rather to appoint a Committee to go upon the ground, which yet hath not bene done. The circumstances of our plantation hath sometime bene laid before this honorable house. & before several of the Council more particularly. That the fathers, or first planters of our plantation, petitioned the General Court for a tract of land between Concord line & Chelmsford line, on the west of Concord river, is clere upon record, bearing date May, 1655, and that our petition was granted the same Court for our incouragement to make a plantation. And although the petitioners, the beginners of our plantation. did not. in their petition, fully express what they intended, for doubtless they petitioned for all that waste land, in that place, which by the Artis' return in the survey thereof, amounts to or contains about six thousand acres; and in regard the whole of our Township. that we have planted upon, we had not one foot of it granted by the Country unto us; it was granted unto the Town of Cambridge & laid out in farms & divided into an hundred & fiftene alotments, which we have been purchasing of them as we could, & have not yet clered them; so that our plantation never yet hath had that incouragement from the countrye as other plantations had then at their beginning. We prayed, in our first petition, for a small tract of land, but then could not be so particular in the boundary thereof, because there was fouer farms contained therein to be laid out before we could know what was certainly our own, the last of which hath been but lately laid out. And, because we understood that, by the answer of our petition. we were not to touch upon any propriety. we did hope that what was not appropriated had been ours & accordingly have alotted out the same, bought & sould & have run our lines with our neighbors plantations, about fourty year, Chelmsford Northward of us & Concord Westward, without any disquietment * * by reason of our public calamityes have been long laboring under many discouraging circumstances, being a frontier & having been at sundry times broken in upon by the enemie, but have stood our ground hitherto, but have reson to feare if your petitioners be not favored we shall be broken * * that your petitions may quietly possess what this honorable house shall confirm unto us, that so our harts & our hands may be strengthened to discharge those dutys that we do owe unto God. our Soueraigne, & your honours, & be farther obliged to pray for Divine asistance upon this great asembly in ye management of ye weighty concerns before them. Your humble supplicant, JOSEPH TOMPSON,
"In the behalf of the Town of Billerika."
81
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BOUNDARIES.
These petitions may not be models of condensation, but they deserve the careful study of all who seek to understand the position and feelings of the founders of the town. They repeat the fact, often mentioned and with justice, that the connection with Cam- bridge at first, instead of aiding the settlers, had been a serious tax to them, in the necessity of purchasing the Cambridge titles, when a grant direct from the Court would have involved no such expenditure.
This burden was in part relieved by the successive grants west of Concord River, at Naticott, and the later gift of four thousand acres ; but the relief was only partial, and the embarrassment would certainly have been disastrous if their title to the first, after forty years' occupancy, had proved invalid.
The Court answered this petition by the appointment of a committee, consisting of Col. Elisha Hutchins, Esq .. Maj. James Converse, Capt. Benjamin Garfield, and Maj. Jonathan Tyng, "or any three of them, to view and settle the lines between the town of Billerica & the farmes of John & Robert Blood, & the line between said town and the Towns of Concord & Chelmsford."
The report of this committee, and action of the Court, were as follows : - 3
" Anno R R$ Gulielmi decimo tercio.
"At a great & generall Court or Assembly for his majesty's province of Massachusetts Bay, begun & held at boston, upon Wednesday, 28th of May, 1701.
"Whereas Major Jonathan Tyng. Majr. James Converse & Capt. Benja- min Garfield, a Committee [as above] have reported their doings therein. as followeth :
"That is to say, that as well, by their own view of the lines, Court Grants and Deeds produced to them, as on hearing of what was offerred by the agents of the severall Towns, they find the land of Billerika bounded by the line of Chelmsford northward, beginning at Pautucket stake, so called, by Concord River. where Chelmsford & Billerika & the Indians do meet, then Chelmsford line runneth south fourty three degrees west to pillar of stones; then it ruñeth south, seventy nine degrees west, three hundred thirty & two poles; which reacheth unto Major Willard's farme to a great heap of stones lying in Chelmsford line; then the Major's farm ruñeth southwardly fourty six degrees west, one hundrd. & sixtene pole to a little white oake. Then it ruñeth south, fourty one degrees west, three hundrd. eighty & fower pole, which reacheth to a marked pine. in Concord
9 Records, II, p. 231.
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HISTORY OF BILLERICA.
village line, near to a place cald bery corner; then it is bounded by Concord line, one mile on the southwest; it is bounded southward by a line which was run by the above said committee, betwixt the Bloods & Billerika, which Ran from a pine called Allin's corner, south, eighty & five degrees west, five hundred. & sixtene pole, to a great white oake marked R. B .; then it runs from thence fourty degrees west. one hundrd. seaventy & four pole. which reached unto Concord line againe. It is bounded north east & south east, east, & south east, by Concord River.
" Resolved, That the sd report be accepted & approved & the Boundaries & lines of the Towns & lands above named, stated & setled accordingly.
"ISAAC ADDINGTON, Secretary."
The survey which accompanied and explained this description is fortunately preserved in the office of the Secretary of State. This makes plain points which are obscure, giving the length of the first named Chelmsford line from Pawtucket stake, four miles. It shows also that, in running the line between Billerica and the Bloods, the committee began at the northwest corner of the Allen grant, and ran back to the point previously reached in the Concord line. This issue of the contest gave Concord and Chelmsford nothing, and vindicated the justice of the claim of Billerica. Whether it gave Billerica any less than she claimed, on the side of the Bloods, does not appear.
The Woburn boundary is first described in the following record :
"15th and 16th days of ye 9th mo., 1659.
"the line betwene this towne and Wooberne was Run and marked and agreed upon to stand for propriety by Captin Edward Johnson and John Wyman and James Convers for Wooberne; and Ralph Hill, Sent, and ' George Farley and John Parker for Billerieey, and Jonathan Danforth, Artiste, who did ye work for both townes. The line was run two poynt and half easterly of ye North, set of from the river in or old line formerly Run from Cambridge Boundes, from a black oake Nere ye cart path, Leading from Billericey to Wooberne; ye line continued about 3 miles. and then by agremt of the comite and Artiste, set on againe two poynts of the compass toward the river, and so continued to Andevere boundes."
The designation of the road to Woburn as "the cart path" gives us a glimpse of the character of the principal highway through the town, in 1659. The "set of" near that road was made to preserve, approximately, the distance of one mile from Shawshin River, which was to be the west bound of Woburn, according to its original grant, and may be seen on any map of Burlington and Billerica. The other "set on," three miles north, has disappeared with
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BOUNDARIES.
the cession to Wilmington ; but the difference in bearing between the present west line of Burlington and east line of Tewksbury corresponds with this original description.
But this line did not escape contention, of which the following record gives the outline : - 10
" 1666, 23 May.
"In answer to a motion made to this Court by Mr. Humphry Davy, in the behalfe of Billirikey, that the bounds may be settled between them and Wooborne. it is ordered that Mr. Edward Collins, Capt. Timothy Wheeler. & Left. Richard Beers, do repaire to the place where the ground of the difference doe arise, and according to what shall appeare to be the right of each place by grant from this Court, & not otherwise determined by the mutuall concession of the grantees or their assignees, to settle the lines betweene the sajd tounes, being authorized & impouered as a comittee to that end; and what they shall doe herein to be a final issue of that controversy, & returne it to this Court to be recorded."
This Committee made report in October : -
* We have determined that the line of divission betweene the tounes shall run from the pinetree at Cambridge Corner, by a streight ljne to the marked tree nere the old foote path from Wooberne to Billirrikey. at the corner of Elder Champney's farme; & what euer land hath binn layd out by Wooborne toune, one that side next Billirica to John Wymans & ffrancis Wyman, shall remain to the said Wymans; and that the line of divission betweene the sajd tounes, in all other places, shall runn as it is stated by the order of the Generall Court, i. e. a mile from the river."
This report was confirmed by the Court. The arrangement, however, was of short continuance, and the whole question was soon reopened, as appears from the following : -
"PETITION ABOUT WOBURN BOUNDS.11
'The towne of Bilrica humbly present to this honnored Courte: That whereas they have formerly several times made application to this honnored Courte for settlinge the lyne between Wooborne and them accordinge to the first graunt of the Courte to bee a mile from the Riuer. The magistrates, as sensible thereof. having since passed somethinge in order thereunto. which yet is not consented to by the Deputies. The said Towne of Biller- ica, findinge themselues agreeved by what hath been already done about Drawinge the line, as hath been formerly declared to this honored Courte:
. 10 Colonial Records. Vol. IV, Part ii, pp. 300-325. Also Town Records. Vol. I, p. 89. 11 Massachusetts Archives. Vol. CXII, Nos. 195 and 196.
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HISTORY OF BILLERICA.
"They humbly intreate the Consideration of what farther they haue to Demonstrate in a few words: first, That Whereas it is alleadged, that the first parte of the lyne was Ran by Cambridge and Wooborne before Billerica was a towneship. & therefore to stand, although 114 pole nearer the riuer than a myle; which is contrary to the courts graunt. To which we say. first, that there is no record to be found thereof & onely one person of Cambridge alive who did act therein. & he doth testifie that their agreement concerning it was, that the wrong done in coming too neare in that part of the line should be made good in Drawing the rest of the line, which was afterwards ran By Ensign Sherman, but no satisfaction made for the former Defect, as doth appeare by this draught. for he onely intended a myle from the riuer according to a common line. And, Secondly, we finde that where he began this last line, it wants 47 pole of a mile from some part of the riuer & it wants 30 pole from the utmost angle of the riuer in a direct lyne, and from the end of the old lyne at the Crooke to the riuer it wants 114 pole of a mile to the riuer, as hath been proved by Lieut. Fisher about a week since. & therefore no satisfaction is made nor any agreement past between both towns that should take off the force of the Court's order. Therefore, once more we humbly intreate this honored Courte, that the crooke which is in the lyne may be made straight & that allone will satisfie us; also, it will easily be done in one day by an artist, without further trouble.
"May it please this honnered Courte to consider that it is not the quantity of the land that we strive for, but it is the loss of the benefitt of a great farme, which the Wyman's bought in our towne, & carry the profit of it to Wooburne, who are farr better accommodated to beare their own charge than for our poor towne to loose 8 or 101b p annum (of what should help beare up our charges) to maintain theirs, besides the loss of so much land, which is yet our just right, accordinge to the honnored Genneral Courte graunt.
"P. HUMPHREY DAVIE for " ye towne of Billerica."
"This may Certify whomsoever it may consern, that I, Joshua Fisher of Dedham, being at Billerica about the 10 of May. 1669, with my instru- ments, was desired to try the length or distance from the line between Obourne & Billerica, at a place where there is a settinge off in that line. to try how far it was from thenee to Billerica riuer; which accordingly I did & found it to be from the end of the old line formerly run by Cambridge men & Obourne, as I was informed divers years since the runninge, & there I found it to be 206 rod to the river, or so farr as a parralell line to that line cutts the river in divers places, and from the end of that line from the river ward, where there was a set off into Oburne boune, as I was informed, done by Ensign Sherman not long since, to a stake by him or his direction piched. I found it 67 rod, so that from that stake to the river it is 290 rod, which want 30 rod of a mile to the river, which was measured into a point of upland that runs in at that place, the riuer being on both sides of it
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BOUNDARIES.
divers rods nearer the stake from whence we measured, so that I doe conceive that if a straight line were run from c to d, as it is marked in the plat, it would [indecipherable, mostly lost.] answer the grant of the General Courte made to Billerica, though it would not be a mile from the riuer in divers places, & the proprietie of the land might remaine to each grantee. if it be granted out by either of the towns, and the jurisdiction belong to each town accordinge as the straight line should devide them. I judge not the case, but only inform how I found it & so leave it to them concerned.
"JOSHUA FFISHER. "DEDHAM, 24 May, 1669."
"In answer unto this motion made by Billerica Inhabitants, the case being fully heard at last Gent} Court, both ptyes then appearing. This Court do judge meet and for a finall issue of all complaynts conclude that a committee of equal minded & judicious men be nominated & impowered to run & determine the line between Woburne & Billerica from one end to another. attending the Courts graunt. not to come within a mile of Shawshin riuer; vizt. the comon line of the Riuer duly to be taken & sett by some able Artist ; and in case it do appeare that the complaynt of Billerica hath been causeless. they shall then defray all the charges thereof. The Majistry have passed this, their brethren the deputies thereto consenting," etc.
The result was that a committee of the Court and representatives of both towns united, 1669, October 1, in recommending "that the line of divission between the two tounes, last made by Ensign Sherman, by order of the Committee of the Generall Court, shall stand as it doeth. And whereas Francis & John Weymans Seniors haue their present habitations neere the ljne aforesajd, & enjoying much of their liuelyhood & benefit at both tounes. & may pertake of the publicque ordinances in both places, they, the sajd Weymans, shall contribute equally to both tounes in all publicke charges, both ciuill & ecclesiasticall."
This recommendation the Court consented to and confirmed, "to be understood the half of what they should haue payd to either toune, if they had been wholly in either of them ; and that Wooborne shall take the valluation of the Weymans estates for the country rate, as formerly, and give a true account of the same añually to Billerrica, who shall haue power annually to demand & receive all toune charges (according to that order) of the sajd Weymans, as if they were inhabitants."
This adjustment did not satisfy the Wymans, who petitioned the Court for relief; and, in response,12 "27: 3m : 1672. The Toune
12 Records. Vol. I, p. 102.
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HISTORY OF BILLERICA.
hauing considered the case, after much agitation, doe agree (with . one consent) to stand to ye generall Court's order conserning ye said agreement, desiring ye continuance of ye same, vnlesse ye Honble Court would please to giue vs our streight line, which we should have had at ye first, according to Court grant ; neither will ye toune consente to take it out of ye hands of ye Honored Court, to put it into a Comittee's hand to end."
But the town was not successful in this issue with the Wymans. At least, the agreement was soon after declared void. Whether the rectification of the town line was secured in connection with this rupture of the agreement does not appear, but is probable. The line is, and has been, a straight line, and no other date or occasion for making it so is indicated in the Records, and on this supposition the policy of the town was in fact successful.
No other question arose as to the boundaries of the town, and no other changes were made until the incorporation of Bedford and Tewksbury, in the next generation.
CHAPTER VI.
ROADS AND BRIDGES.
THE early highways were very primitive. A path through the forest, marked by blazed trees, was sufficient for this distinction ; and the marking was often so imperfect that questions would arise. after a few years, as to the actual location ; different wood-paths becoming the subject of neighborly contention. But the fathers understood the importance of roads quite as well as their children. Among the earliest town orders is one relating to this subject.1
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