Billerica Town (part 2 of 17)

The remainder of the thousand acres constituting the Church Farm was located north of Fox Hill, and took name from that fact as "Fox Farm." Mr. Daniel bought both parts. He subsequently sold the larger part to Richardson and Walker, and the Fox Farm to Joseph Davis, in whose family the place remained for about one hundred and fifty 3'ears.

North-east of the Church Farm, down the Shawshin, and mostly on the east side of it, was the College Farm. Our Records do not describe its bounds ; but a plan, by Danforth, is preserved in the archives of the Massachusetts Historical Societ}-. Whether it formed a part of the grant to President Dunster, or was an independent grant to Harvard College, does not appear. It was sold about 1750 to William Gleason.

In the other direction, above the Church Farm, and with the same extent east and west, was the farm of five hundred acres, granted to Deacon Edward Collins, and sold by him to Elder Champney. It was occupied till 1669 by his son Samuel, who sold it to Richard Daniel ; and it was here that Mr. Daniel lived, south of the Woburn Road, near Shawshin River. Above this farm, President Henr^' Dunster, of Harvard College, had another five-hundred-acre farm, which he sold, 10 May, 1655, to Francis and John W^'man, of Woburn, for one hundred pounds ; and bej^ond was Daniel Gookin's grant of five hundred acres, near the mouth of Vine Bi-ook, and mostly east of the river. Mr. Mitchel, pastor of the Cambridge Church, had also a five-hundredacre grant south-east of Gookin. All these grants, except Mr. Mitchel's, bound on Woburn line; and this reached "somewhat above the falls," in Bedford. Be^'ond was the three-hundred-acre farm of Edward Oakes, sold by him in 1661 to George Farley, and the Ralph Hills, father and son. This probably reached the Concord line. Another farm known as the Oakes Farm consisted of one hundred and fifty acres, given to Captain Gookin in exchange for his lot on the Township, and by him sold to Thomas Oakes. It included the Bedford Springs. West of all these was Job Lane, who coming from Maiden had purchased, 2 August, 1664, Governor Winthrop's large grant (already described) of his grandson, Fitz John Winthrop, of Connecticut, and lived probably at the Duttou place.

Billerica had also certain land-grants and dealings beyond her own bounds which furnish an important chapter of her earl}' history. The small grants which Cambridge had made in the bounds of Shawshin, numbering more than one hundred and embracing ten thousand acres, were found not easy to dispose of in a way that would not embarrass the settlement. They were not valuable and attractive enough to draw many of these Cambridge families here to occupy them ; but the owners would naturally- seek to make as good a sale of them as they could. While these rights .were thus held in suspense, the chance that they might be enforced in some unwelcome form would embarrass the measures of the settlers, and make the rights in Billerica less attractive to persons who might otherwise purchase and settle here As a measure of relief from this difficulty, application was made to the General Court for a grant of lands elsewhere, which met with tavor, as follows: - "

of the inhabitants of Billirrike3% tills Court doth graunt the toune of Billirrikey eight thousand acres of lands, for the ends desired, in any place or places that are fFree. & not capeable of making a toune, provided that the sajd lands be laid out before the next Court of Election, and that the inhabitants of Caiubridg doe accept thereof & disingage the lands desired at Billirikey, & also that the toune of Billirrikey be seted w"^ twenty familyes at least w^'in three yeares, yt the ordinances of God may be setled & encouraged in the sajd place of Billirikey; & it is ordered, y* Majo"^ Willard, Cap'. Edw. Johnson, Mr. Edward Jackson, or any two of them, w"' Thomas Danforth, or any other surveyor, shall lay y" same out at the peticoners charge, making retourne to the next Court of Election."

Jonathan Danforth, the j-ounger brother of Thomas, was not then as well known to the General Court as he became in later 3'ears, and to him fell the task of locating this eight thousand acres. Beyond Chelmsford he had the whole Merrimack Valley to choose from, or even the Connecticut and Champlain Valley's, if it had suited Billerica's profit to go so far. The survey which Ire made, and returned through the above Committee, on which the location was finall}' sanctioned, is fortunately still preserved, in the office of the Secretar}- of State ; ^ and on this authority some facts long forgotten have recently come to light, and we are able to reclaim our own. As described and approved by the Court,' it was located as follows :

Land Distribution

"Layd out to the vse of the inhabitants of Billirrikey, eight thousand acres of land, lying vpon Menemacke Riuer, on both sides thereof, taking in the trucking hovvse now inhabitted by J"o. Cromwell, the sajd land being lajd out about sixe thousand three hundred acres, on the East side the riuer, and about seventeene hundred and fivety acres on the west side the sajd riuer, and is bounded by the wildemes surrounding the same, as is demonstrated by a plott thereof, taken and made by Jonathan Danforth. survejor, and exhibbited to this Court by Major Symon Willard and Cap'. Edward Johnson, appointed by this Court, Octob. 14, 1656, to lay out the

This survey was the earliest ever made, it is safe to say, in the Merrimack Valley' beN'ond Chelmsford, and is the starting point in the history of Dunstable. The location was in a part of the valley commonly called Naticook, but which Danforth spells "Naticott." The name was derived from a little brook which, according to Fox,* comes into the Merrimack on the west, "just above Thornton's ferry." The grant began at the Penichuck Brook, which forms the north bound of Nashua, and extends on the west of the river as far north as the Souhegan River. Then it follows the Merrimack nearly a mile, passing two islands, the larger of whi(!h received the surveyor's name "Jonathan," then runs eastward two or three miles and southward five or six, returning to its starting point. This Naticott grant remained for a year in the hands of Billerica, when John Parker received authority to dispose of it. (Grants, page 7.)

''9th, 6m., 1658. It is jointly agreed by vs, the Inhabitance of Billerica, That John Parker hath given to him (by the towne) full power to make sale and give assurance of that eight thousand acres of land granted to us, and for our use, by the Ilono'^'i Generall Court, which land lyeth at Natticott, upon merimack River. And we do hereby, fully, clearly, and absolutely give up our whole interest, right, and title in the same unto the aforesaid John Parker, to make sale of and dispose of as he shall see good for himself & his assigns. Provided always, that the aforesaid John Parker shall purchase, for ye vse & behoofe of the Towne of Billerica aforesaid, all the severall lotts, to the valine of eight thousand acres, (granted by the towne of Cambridge to their inhabitance,) which grants are already entered in their towne booke, which land lyeth within the bounds and limits of our towne. * * And in case any of ye proprietors of the aforesaid alotinents shall rofiise to sell or give them, then the said John shall returne vnto the towne of IJillerica six pence per acre for so maiiy acres as shall remain unpiirchiised, to y^ valine of (or short of the number of) eight thousand acres, which money shall remain to Public Towne use.'"

"This jDresent Writing witnesseth. that I. John Parker, doe hereby jugadge to purchase & clere y^ severall lotts to y'' valine of 8.000 acors, belonging to Cambridge, Lying in o'' Towne boundes, viz'., of y^ Towne of Billerica, excepting y'' farmes Lying on Shawshin River, and the farmes given by Cambridge, to the two brothers, the Okses, y' is to say, Edward & Thomas Okes, for & in consideration of the su'" of two Hundred pounds I'eceived by me of Mr. William Brenton for the 8,000 acors of land granted to the aforesaid Towne of Billericay. Lying at Xaticot ; which was given to o'' Towne of Billericay by the Genrall Courte, for the disingadging of the Lands aforesaide ; and I, y<^ said John Parker, doe also ingadge to bare all the charges, past or shall be, for Laying out the 8,000 acors, or any the charges concernhig the purchasing the said Lotts, and also to be by me procured a deed of sale for the use and in the behoofe of the towne of Billericay aforesaid, acording to the Law of the Countrj'^ ; and what lands shall appear not to be clered, by gift or sale, from the said inhabitantes of Cambridge to y^ Number aforesaid, I doe promise to returne to the towne and for the towne's use, 6p. p"" an acor, for so many acors as shall appear not to be assurance made of, as aforesaid ; for performance of the same, 1 doe hereby binde myselfe, my heires, and Assignes, to o"^ Towne aforesaid, firmlj' bjr these presents. Witness my hand the day and yeare above Written.

William Brenton, who bought the Naticott land of Billerica, was a Boston merchant and leading business man : often one of the Selectmen. He removed soon after this date to Rhode Island, and Avas Governor of thai Colon}' in 1GG6-8, and died in 1674.

» The above original agreement with Parker has been preserved, and was recently discovered, as a loose slip, in the First Volume of Billerica Records.

Litchfield, which was taken from Dunstable and incorporated in 1724, was known as "Brenton's Farms." John Farmer surmised that he had an earl}- grant of land there, and other writers have accepted the theory and repeated it as history. Our Records have fortunately preserved the true account of the matter and demonstrate that the Naticott grant, the earliest in New Hampshire west of Rockingham County, was made to Billerica.

One circumstance connected with the Naticott grant is interesting, and may be noticed here, "The trucking howse now inhabitted by John Cromwell" was fonnd by Danforth, when making his surve}' in the winter of 1 656-7, just above Thornton's Ferry, on the west of the river, and is entered there on his plot returned to the Court. These houses for trade with the Indians, pushed on beyond the line of settlements, were a feature of the early life of New England. Pro])abh' our niA'sterious Shawshin House belongs to this class. But the man who lived at Naticott in 1G56 must have been much the earliest J^nglish inhabitant of all that part of New Hampshire, and as Billerica found him there she owes recognition to his memory. Tradition has been busy with his name, but as some of the reports have been wide of the truth, we ma}' suspect others are fabulous. The tale has been that he had a house first in Tj-ngsborough and later at Thornton's Ferr}' ; that in his Indian traffic he used his liaud and foot for weights, incurring the hate of the red men, until they came, burnt his house, and would have killed him ; but, getting a hint of their coming, he just escaped, before his flight burying money and treasure, which was foinid many 3'ears after in Tjngsborough ; all which has been said to be "as early as I660."

The facts which are proved are, that Cromwell was living at Thornton's Ferrj' in 1656 ; and that, two or three 3'ears later, he purchased of Capt. Edward Johnson a grant of three hundred acres of land, made to him in 1658, and situated just north of the Nacook or Howard Brook in Tyngsborough. To this place Cromwell removed, built a house large for the time and had a large store, but soon died in 1661. His inventor}', in the handwriting of John Parker, is preserved. It was taken in January, 1661-2, and embraces household, farming, and trading stock, such as suggest no lecent Indian raid, and could hardly have been gathered there save b}' a wealthy madman, which he plainly was not, in the fixce of danger of such attack. Any later discovery of buried treasure cannot be used to reproach his memory, for he died in his bed, and would not have left his widow in need of it, to mortgage and loose the place there, as she was compelled to do. His wife was Salome, daughter of William Batcheller, of Charlestown, and he left two sons, John and Benjamin, and a daught?r, Rebecca, who were living in 1702. It is not certain that Cromwell was a model Puritan ; but the case against his memor}' is shadow}-, and he is entitled to the benefit of the doubt. He was an active, enterprising man, as the pioneer at that da}- in the Merrimack Valley needed to be. The "l30und weight" stor}- is charged to various men, and more than doubtful in any case ; and it is not clear that John Cromwell is not entitled to honorable remembrance, or that he brought any reproach upon the great famil}- name which he bore.

The result of Parker's negotiations with the Cambridge proprietors took shape in an instrument known in the Records (p. 137) as "our great deed." I quote, omitting technical and immaterial portions : -

"We whose names are subscribed, for sundry good consideracons. vs thereunto moving, and for valluable consideracon to us respectively payd * have sold * vnto the Inhabitants of Billerica * * and such others as shall from time to time be by them admitted as free denizens of the said place. & to the enjoyment of the priviledges thereof, all o"" respective rights & interest therein or vnto any part or parcell of the said land, now called bj- the name of Billerica, al^ Shawshin * * (only excepting & reserving our Joynt & respective interests that any of us have in the farme, whei'ein John Parker now dwelleth. eo"'only called by the name of the Churches farme, i. e., the church at Cambridge, with free liberty on all the co"'ons of the said place, for the Inhabitants on the said farme, fi-om time to time, for herbage, timber, & firewood, as any other of the Inhabitants, and a Joynt intei-est therein, together with the said Towne and inhabitants thereof). To have & to hold * * Provided alwmjs, this instrum' is to be vnderstood of every man's engagem' to be only for & in the behalfe of himselfe, his own heires * * & no further or other. In witness whereof wee have put to o'' hands and seals this 25th day of March, Anno Dom. 165(?)."

The last figure is lorn off in the original, but should probably be ''9." The Deed was not recorded until 1G71, and it must be a slip of the recorder's pen which makes the year 1650. One of the signers, Martha Bradshaw, did not acquire that name by her marriage until 1665, and it is probable that several years passed before all these signatures were obtained. The names of the signers ma}- be found on pages 13 and 14, being those not starred in the list there given.

One other important grant to Billeriea enters into our early history. In the Records of the General Court for 1661, Ma}' 22, we find the following : -

''In ans"" to the petition of the inhabitants of Billerikey, the Court, having considered of this peti<=on. together with the petii^on of Mr. Deane Winthrope for laying out the lands graunted his mother. & being certainly informed that the toune of Billerikey is a hopeful plantation, & that they have & doe encourage & mainteine the ministry amongst them, & have waded thr" many difficultjes in purchasing nmch of theire land. & never had so much as one-third part of lands graunted them by this Court, as other villages inferio'' to them have had, doe therefore graunt the sajd toune fower thousand acres of land, in such place or places where they can find it w^'in this jurisdiction, for the redemption of the sajd lands, provided it shall not pjudice a plantation or any former graunt; & that Cap'. Edward Johnson, Thomas Addams, w"' Jonathan Danforth, be appointed to lay it out & make retume to the next Court of Elections."

''They do grant to him, y^ said Jonath. Danforth, with his father-inlaw. John Parker * * joyntly and together, one thousand acres of land in the wilderness, which land is part of that 4,000 acres which was granted," etc. * * ''on condition that they the aforesaid John & Jonath. shall be at all cost & charges in and about discovering & laying out of the whole 4,000 acres," etc.

"They do grant to * * John Parker 3,000 acres of land more, which was y« remainder of that 4,000 acres formerly spoken of, all which lyeth up & downe in the wildernesse * * for & in consideration of forty pounds sterling, which the said John was to pay to Mr. Sanmel Whiting, our minister, & for satisfaction in full for charges due to y^ said John about building of our meeting house. And also upon the validdity of this grant, the said John Parker * * stands bound & ingaged to the Towne of Billeriea, that he * * shall purchase & i^rocure, in the behalf of & for the use of the Towne * 500 acres of land & upward, lying on the West of Concord river, that is to say, that wholl farme which was sometime in y*" possession of Mr. Thomas Weld, of Eoxbury * * and make it sure to them according to law."

the year 1662; the completion of then- first meeting-house; and a good title to the Weld Farm of five hundred and thirty acres of land, which la}' along the Concord River on the west side, beginning nearly opposite the Two Brothers.

Of this four thousand acres, one thousand were given to Danforth and Parker for expense of discover}^ and survey of the remainder. The Records of the Court do not show where this land was located. . The remaining three thousand acres were located in three places. The first and largest fraction was in what became Dunstable. The description of it is found in the deed to Thomas Brattle, executed 1662, Jul}' 16, and signed by John Parker, Jonathan Danforth, and Thomas Henchman, of Chelmsford. They sell "1,600 acres more or less," and "in the wilderness on the west side Merrimack river, upon forrest-field hill and Salmon brooke, beginning at the South west corner of Mr. Samuel Cole's last grant, & is bounded by him on the east." [His farm of four hundred acres was on Merrimack River, at and be3'ond T3ngsborough depot.] "Edward Cowell's farm South west," [which consisted of two hundred acres and began at Mashapoag Pond,] "and elsewhere by marked trees." Thomas Brattle, the purchaser, was a leading Boston merchant, and one of the wealthiest men in the Colony. His son, Thomas, was Treasurer of Harvard College and founder of Brattle Street Church. The father was the first signer of the petition in 1673 for the incorporation of Dunstable. Like Brenton he has also been credited with a "grant" of his large farm in Dunstable, and the fact that it was originall}' Billerica land has been forgotten. AVhen he procured a deed from the Indians, as he did in 1671, confirming his title, the tract is said to contain two thousand acres. It included the present village of Dunstable.

"-1663, 6,. Tune. "Lajd out to the toune of Billirrikey one parcell of land conteining eight hundred acres, more or lesse, lying in the wildernesse on the north side of Merreniacke Bluer, begining at the southeast angle of Mr. Dummers farme & being bounded vpon him twenty two pole; also bounded by Mr. Webb's furnie (which joynes to hhn there) thirty five pole (vpon his northeast corner) westward. & sixty fower pole southward ; from thence it runns In a long sprulsc swamp, about half a point northward of the east, fower hundred & <'ight pole ; then rufiing in a strelght Ijne from thence to Long Pond ; being i)artly bounded by that pond and partly by Mr. Batters fanne at this end of the pond, which line, in all, is fiue handled & fower pole ; from thence it runnes almost due west to another pond, called by the Indians, Mascuppet, vnto a. great rocke, called by the English. Tray Table Rocke; on the northwest it is bounded by Mascuppet Pond and another little pond vntill you come to Mr. Dumer's line, wliere wee began, all which is more fully demonstrated by a plott taken of the same. This eight hundred acres is part of the fower thousand w'^'' was lately graunted to the toune of Billirikey, & there remains ordy fiue Imndred yet to lay out to the whole graunt.

Mascuppet Pond is called Tyug's Pond on the modern maps ; and this location can be easil}' traced in the west part of Dracut, including a portion of Tyngsborough. When and to whom this land was sold, I have not discovered.

'"Lajd out to Billirrica fiue hundred acres of land in the wildernesse, on the north side of Merremack Riuer & on the East side of Beavar Brook, a little below Patuckett. It is bounded on the south & on the southeast wholly by lands formerly graunted to Richard Russell. Esq., and on the west by the aforesaid Beavar Brook, elsewhere by the wildernesse. The line on the east side of it is one hundred ninety sixe pole in length, ruriing halfe a point westward of the north w*='' is exactly the continuance of the long line on the east side of Mr. RusselFs farm ; also both the lines on the north side of it are exactly paralell to the lines on the south side of it, the most nortlierly of which is one hundred & sixty pole long & runns halfe a point westward of the most southwest ; tlie other lines runns two degrees westward of the southwest & by south fower hundred eighty & seven pole, \v<:h closeth to the brook, all Avhich are sufficiently bounded by markt trees & pillars of stone. The form thereof is more fully declared on the other side, by a plott taken of the same.

Beaver Brook comes into the Merrimack from the north in Lowell ; and this tract of five hundred acres was held for exchange and was at last exchanged for the similar "farm," on the west side of the

Concord River, which had been early granted to Reverend Mr. Weld, of Roxbury. This farm extended down the river from the Allen grant, which became a part of the Blood's farms. Probably the Weld Farm was never exacth' located. The town had assumed possession and granted portions of it long before the title was finally transferi'ed. Parker's death occurred before he had completed this part of his engagement, and it was not until 1694, March 6, that deeds were exchanged with Mr. Palsgrave Alcocke, of Roxbmy. who then held the Weld Farm title ; he receiving the five hundred acres of land above described. Mr. Alcocke previousl}' owned the grant of sixteen hundred acres to Mr. Russell, which laj- between the Billerica land and Merrimack River.

It appears from this survey of Billerica's ancient possessions, that the villages of Bedford, Carlisle, Tewksbur^' and North Tewksbur}-, Dunstable, Merrimac, and Litchfield, are all located on land which once belonged to this town.

Chapter Iv

Thz Records of Billerica furnish the warp and much of the woof of its history. As a whole, they have been well made and very well preserved. Their publication in a full and literal transcript, for at least the first hundred years, would be a useful contribution to the history of N'ew England, and have great local value. To guard against the possibility of future loss, the town would be wise in printing them, and it is perhaps not out of platv here to commend this important question to the intelligent consideration of its citizens.

During the early years, it will be expedient to quote the Records extensively : and a description of these volumes, their character and contents, may properly introduce this chapter.

The town has been fortunate in the services of intelligeut aud careful clerks. Dauforth, after Parker, was clerk for twenty-one years, 1665-86. aud gave character to the system, which remained substantially unchanged for two hundred years. Few records made today are as clear and easy to read as are those of Dauforth. And a peculiarity of liis method, for which those who ct>usult the Billerica Records may be grateful to his foresight, is found in the separation of the records of births, marriages, aud deaths, from those of current towu action, and their ari-augemeut in special volumes : not chronologically, as was usually the case, but by families. By this method, with the aid of the alphal>etical index, the record of any family as far as it was made can l>e found fully and immediately.

Of the Records proper, Vokime I has lost its binding and three leaves, or six pages. Fortunately', the first leaf has been preserved, the missing leaves containing pages 3-0 ; but portions of these pages were transferred to the Book of Grants, and very little is reall}' lost. The Reverse of Volume I contains seventy-eight pages, mostly devoted to record of the earliest land-grants, the substance of which was also transcribed in the volume of landgrants. The first leaf, or two pages, of this Reverse of Volume I is missing, and we have no clue to its contents. Pages three, six, and seven, of the Reverse, are specially important, as they contain Parker's earliest record of the births,, marriages, and deaths, prior to 1660. These were transcribed by Danforth in the new volume which he soon after began ; but the copy contains one important error, and the existence of this earlier authority has been commonly overlooked. . The original agreement with Mr. Whiting is also found on page 4 of the Reverse; a cop}' being also in "Land-Grants," page 67.

All these volumes except the first are substantially bound, and nothing appears to have been lost from them. For more than a hundred years they record not only town action, but also that of the selectmen, and the disbursements of the treasurer. The tax-lists were unfortunately not recorded until 1733, but, after that date, the series is continuous. Prior to 1733, the onl}' list which has been preserved is the "minister's rate" of 1663.

Two volumes are occupied with land-grants. The first Book of Grants was prepared by Danforth in 1665. In it, he was instructed to transcribe all previous grants which had not become void ; and, after a careful examination by individuals, it was ratified hy the town, and pronounced authoritative. All later grants to 1685 were entered in this volume, which is mostly in Danforth's fine handwriting, and is certainl}' one of the best preserved and handsomest volumes of records, two hundred years old, to be found. The Grants are arranged under the name of the recipient, and the alphabetical index makes it easy to trace the possessions of each inhabitant. The volume contains also the "Whiting agreement," descriptions of the more important carl}' roads, and some of the earl3' covenants and "standing orders." Volume II of the Land-Grants continues the record after 1685. It contains a larger number of highway descriptions, and is ahuost entirely in the good handwriting of Oliver Whiting, who was town clerk 1704-23.

The third series consists, prior to 1850, of four volumes, containing "Births, Marriages, and Deaths." The first was prepared by Danforth in 1665, as above suggested, and continued in use until about 1730. But in the later j'ears, after 1700, the number of entries falls oflf, in a way which suggests that the record was much less complete than it had been while Danforth kept it. The difficulty in tracing many family lines during this period strengthens this probabilit}' that the record was imperfect. The second volume was prepared in 1730, and a large part of the contents of Volume I was copied in it. But the transcript was not complete, and it was probably the design to omit all femilies the representatives of which were not still resident in town. For this reason the Bedford families do not appear.

The Third Volume came into use about 1790 and continued until 1844, when it was displaced by a thin volume, used for ten 3'ears, following the chronological, and not the familj', order. In 1855, the system was changed again by the State, and separate volumes are used for births, marriages, and deaths, each with a second index volume. Whoever has occasion to trace a familj- through this period must explore six volumes, and if his experience is like this compiler's, he will sigh for the simplicity and convenieiy:'e of the earlier S3'stem of Danforth.

''I'J'. [That wh]at person or persons soever [shall] propound themselves to be [inhabi]tantes ainongste vs, to p'take of [the pr]iviledges of the comons, devitions [of la]ndes, &c., if not known to vs, he or they shall bring with them a certificate from the place from whence they come, such a testimony as shall be satisfactory to o"" towne, or select pi'sons of the same, before they shall be admitted as inhabitants amongste vs. to p'"take of any priviledges as aforesaid with vs; and after their Admission they shall subscribe their names to all the orders of the Towne, with o'selves, y' are or sliall be made for the public good of the place, as also foi- baring vp their proportions in all publique charges, in Clun-cli, Towne, or comon weall, with those persons that came vp at the first, and so shall have their priviledges in equall proportion.

'-2'>'. Summering Kattell. Tli;it no person whatsoever that hath any propriety in tlie place, either by purchase, Lease, or otlier wayes, sliall keepe any kattell in the surainer time but such as the keepe of ther o[wn] or for there ovvne use with[out the] consente of the Towne, [any] kattell so taken to be cepte [not according] to this order, he or they shall forfeit for every [offense] shillings to be payed to the [town] .

and upwards shall be suffit[iently] ringed from year to year, and every swine that goeth [un-] ringed one day after due warninge given by any Neibour, he shall forfeit [?] pence, y^ one-half e to the Towne and the other halfe to the informer, and that all swine that goe unyoaked from the first of April to the last of .September and doe damage, they shall pay for y^ damage acordinge to Law.

'' [I'y] If any person shall leave any wood or Timber lying anywhere on the coman Lande above the full time of twelve months, it shall be forfeit, and free for any man y' is an inhabitant to take [ ?] for his owne use, excepting all such wood or timber as is fallen for the publique use of the Towne.

'-2'5. It is ordered that if any man fall [any wood] or timber in any p^t of the comons belonging to this towne, he shall pay five shillings p'^ tree for every tree, or five shillings p'' Loade every Loade, so carried away into any other towne boundes to lie improved, without the consente of the Towne.

'-'3'y. It is ordered that for hoppoles. if any person doe fall any on o' comons, as aforesaide. and cary or sell them to be made use of in any other towne, as aforesaide. thev shall foi-feit for ever}' hundred of poles the sume of twenty shillings ; all which forfetures shall be taken up by the constable then being, from time to time, for the use of the towne."

1658. It is ordered and give assurance of that such as either haue already or hereafter shall take vp any Alotments in the tonne vpon grant from th"" toune shall be equally acomidated with those vpon Mr. Dudley's farme, no person exceeding a twelfth pr' of the saide farme, which is one hundred and thirteen acors of vplande and twelve acors of meddow, which [is] granted a ten acor Lott. and so in [proportion] to others that haue eight or six [or fiue] acor Lotts : the inhabitants that doe [take up] alotments of the toune as aforesaid [shall pay] to the valine of the aforesaid farme of Mr. Dudley, he that takes vp [ten] acors for his house lott the one halfe of what a twelfth p''t of the said farme at the first did cost of the aforesaid Mr. Dudlej' : which 12"> p't is usually called a single share ; which pay is to be made by those that take vp ten acors for a house Lott, as aforesaid, and so others aeording to ther proportions and at such times as is agreed vpon and written in a paper written the day and yere aboue specified, the times of payment is, the one halfe the next yere after the [alotment] and the other halfe the yere. [after] that first payment, in corne [ ?] currant and merchantable."

The remainder of the second page is torn off, and the next four pages are missing. Page seven begins with the following, which is numbered "7," implying that it is one of a series of " orders." The contents of the first six orders can be only conjectured.

by the to^vn] that for the raysinge publique charges, shall continue in the way we are at present in, for the building a house for a minister and for tlie maintenance of a minister, that is acordinge to o»' severall proportions -of land and meadowes; and it is agreed, that all devitions of Lands and meadows and comons and all other priviledges shall be, for Laying out the 8,000 acors, or publique charges ; also, this way of i-ateing shall continue without alteration vnlesse it be don by the joj-nte consente of the whoU inhabitants : and the devitions in comon feilds from time to time shall be devided bj^ Lott for propriety, both to us, the present inhabitants, and also to all others y' shall hereafter be excepted and entertained as inhabitants amongst vs. But for such farmes as doe Ly within the boundes of o'' Towne vnoccupied, or such as are occupied by non-residents, shall haue no priviledge in the fixce of lands, nor comonage of wood and Timber and loose the place there, as o'selves. nor be rated alike, nor no other wayes than the propriety and free denizens y* are inhabitants shall agree. And it is furdi" agreed, y' when any furder Adition of meddows be made to the inhabitants, or any of them, there publique charges shall be borne vp acordinge to the former proportions, excepting such meddows as are made by any person out of swamp or other wayes that John Cromwell is not granted by the Towne [o6scM>-e] meddows; all such medows so [made] are freed from all publique [charge which] consems the Towne."

Agreements eight and ten relate to highwaj's, and are quoted in the chapter devoted to that subject. Agreement nine, on page 8, is this: "It is ordered that no proprietor or inhabitant within the boundes of our Towne shall at any time receiue an}- inmates or Tenants without the consent and approual of the Townsmen, he or they y' shall soe do, shall forfeit to the Towne the sume of twenty shill p'' week for euerj- person so receiued & entertained as aforesaid." [And in the later handwriting of Clerk William Tay, it is added:] "And euer}' p'° that shall inhabit [ ?] the p''cincts of the town w'out the Towns consent shall forfeit twent}' shill : p'' weeke for euer}' week abiding as [ ?] "

And in article eleven, "it is ordered that not an}' inhabitants in this towne shall turn out any cattell in the Springe tyme from yere to yere without a keeper, until the herd goe oute, Leaste he thereby doe damage to his Neighbors meddows." Article twelve relates to the first division of meadow lands, and will be found in the chapter on that sni)jcct.

These earliest I'cc-ords show us the questions which the town had to meet at the beginning. It is noteworthy that the care of the fathers for the character of those who were to make homes here inspires their first record. There was no welcome for such as could not l)ring good testimonials. The policy was that of the towns generally, and it was not illiberal Init wise. If the doors had been open in our New England towns to all the restless and unworthy adventurers sure, in an age like that particularly', to seize such opportunities, the evil leaven would have lowered the standard of character and exposed the settlements to mischief, if not shipwreck.

And the fathers did not wait for the official sanction by the Court of their new English name before they began to use " Billerica." It stands at the head of the first page of Records, in 1G54, and in the Boston record of Danforth's marriage. 22d November of that 3'ear, it also appeared.

In 1658, when Mr, Whiting came to Billerica, he found twentyfive families in town ; eleven on the Township, seven on the Dudley Farm, and seven elsewhere, of whom but one was north of the Township, Paterson, and he adjoined it. His own house was built, but not yet finished ; the meeting-house was not begun. There was a road to Woburn, another to Concord, one to Chelmsford, and one to Andover ; whether the road to Cambridge was distinct from the Woburn Road west of the Shawshin is very doubtful. These roads were little more than paths in the woods ; indeed the woixl "path" is not infrequently' applied to them in the Records. Fences were not yet built, and the care of cattle and swine was a matter of common concern. A herd in the care of a keeper, driven out in the morning and home at night, was the natural convenience of their primitive life. Sometimes the herd would go in one direction, and then in another. Fox Ilill and its western slopes long furnished the herd a range, and another extensive common field was beyond North Billerica.

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

The Story As Told In The Records

There was much sun^eying to be done m 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, aud 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 pa3-ed vnto him out of y* Towne stock collected b}' Rate," etc.

It needed hardv, courageous, self-relying men and women to plant homes in this wilderness ; men and women who could live happil}' without luxuries, or what their children deem conveniences, and fertile in resource to suppl}' 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.

they were laying these foundations, thej' were watching with keen interest the course of too sturdy stuff to were the da3-s of the Commonwealth, which enkindled all their Puritan sympathies. Cromwell's own name of Oliver found its wa}', 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 While they were laying these foundations, they were watching vpon the seed then sown in the

The building of the minister's house and the raising of his salary brought heavier common expense, and a collector was needed. So, "11* 11""° 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 an}' other proprietors y' are non-resident, as is or shall be by him, the saide John Parker, requested to receiue and disburse for the use of the towu as aforesaid ; and we doe also impower the saide John Parker to make distress vpou the goodes or Landes of any such person as shall refuse to pa3- there dues." The}- 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 deficienc}' if his authorized pa3-ments exceed receipts. This agreement bore at first the signatures of the inhabitants ; but the Record does not preserve the names.

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 "Coihitioner for making the cuntry rate and caring in a duplicate to the history of N'ew England, and have great local value. To guard against the possibility of future loss, the town would be wise in printing them, and it is lefte to commend this important question to lay it out where is most convenient : y" it was determined b}- John Durant to have y^ Land next Miles Reding, and the Towne gi-anted he should have y' 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 Jones. 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.

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 y" present inhabitants shall pay [for?] absence one shilling; and also those that doe meet what our acts shall be de[clared?] shall stand as vallid acts, and the fines shall 1)6 gathered b}- the constable then l)eing from [time to tune?] 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 y^ 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

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, Leift"'. 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 Conion 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

John Hall receives l)ut 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 Jiad been complained of.

The town do consente to Captin Gookin y' he shall haue 40 or .'^O 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 y* 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-Offlce, 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

During this year, the town "accepts" as inhabitants the brothers Peter and Jolui Bracket, and Josei)h 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.

Bracket, requesting of the Town a small skirt of use for cutting wood and the highway on the East, together with a small Angl of Laud Lyinge crosse the upper road wa}- at Abot's Bridge and Simon Burd's fence according to two trees already marked b}' Jonathan Danforth, and so ruuninge to the hither corner bounde mark of John Durant's house Lott, the Tbwne 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

In December, IGGO: "At a Meeting at Leiffcent. French's, the major prt of y'' Townsmen did agree y' Will Browne shold wayt sum time for the disposinge of his acomidations y' was granted him by the Towne, in reference to the getting of his charges \^ 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 inj(w the Bargain soulde to him by the saide Will Browne, whether the said Simon shall injoy the same notwithstanding the vote y' is paste by the towne alread}-, or whether he shall not injo}' 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 earl}' 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 tried until tlie fathers set it in motion on tlaese shores ; and its successful working was and is still fundamental in the American sj'stem. Upon the Selectmen much of this success depended, and Billerica thus outlined their duties : -

''19: 9: 7660. The severall p'ticulars drawne vp for instructions for the Townsmen, acordinge to which they are to act in the Town affairs. This Mas voted by the major prt of the Towne.

ujtii_ xhat what worke or business is by order of Courte Assigned on the Selectmen, or injoyned on the 'J'owne, 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.

"2'>'. 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.

-'3'>'. They shall take due care for the maintenance, repairing, and well ordering of all such things wherein the Towne hath a comou interest, as the meeting house, Amunitione, pounde. stocks, common highways, common herdes, and the like.

'-'4'h. They shall make such prudentiall orders and impose such penalties, and duly publish and execute the same, as may best ef ecte the execution of the premisses for the publique weall of the Towne.

'Soiy. 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.

"6^y. The Constable at ye end of his yere shall giue in his acountes vnto the Townsmen (and any other person that shall receiue anything of the Townes debts or money in Like manner) of what they haue receiued of the Towne by way of Eate or otherwayes, of the publique stocke, and how they haue disbursed the same, which shall be cept vpon record in a Booke.

of the highewayes shall take order for there work from the Townsmen, and shall take due care for the repairing of all Country Eoades in the Towne, (and of no other without p'ticular order) , and they shall keep vpon record (in a book fairly written) the names of all such persons as are improued therein

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

"9«'. Whatever damage they shall aprehende to come to the Towne by any person within or without the Towne, by appropriating, intruding. or damnifling or exceedinge there owTie due proportion in any wise, in any of the Towne comons, Lands, or woods, or other publick stocke, Libertyes, or interests in y^ Towne, aoordinge to there best discretion they shall timely preuent and remoove y*^ same ; and wliere any Lands are in question at the present, whether they are or shiiU be the Just right of such prsons as Lay claime to the same, the;' shall Judge acordinge to there Best discretions and either more fully confirm the same or else vindicate such Lands to the Towne.

"lO'y. 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.

*'ll"i. All lands which are to be recorded to tlie 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.

"12"=. 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.

" 13tii. They shall haue no power to grant any house Lott or acomidations to any person, vnless it be in makeing satisfactione to i^ersons damnified by the highwayes going cross y' propriety, the which they shall haue power to act in acordinge to y' best discretione.

"27: 12: 64. The Town A^oted these instructions be not in force, but as they are voted by tlie Town from yeare to j^eare." And a frequent vote of later j-ears was to repeat previous instructions to the Selectmen.

In the Treasurer's accounts for tliis 3"ear, Henry Jeffcs lias credit for "300 briks for 3'"^ minister's chimney"; Ralph Hill, Sen., and Thomas Patten are charged thirteen shillings each for "not tra^^ninge" ; and Will Sheldon, James Patersou, and John Kitti'edge, for "defect in traj-ninge," two shillings.

"17 December, 1660. Lefteu'. Will" French is chosen Deputy for this Town for the Next Genr'. Court, and no longer." Two days later he was in his seat at Boston, the first Deputy from Billerica to the General Court.

" Loving and kind ffriend, you haue heard of the many notions between my son Blood and myselfe about the farme adjoining to the New addition to your towne; also you remembej- 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 any further troubles. I pray, let that agreement [with?] y^self, 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.

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 ever^- 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 b}^ the General Court ; and for what time the said John dotli 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 elsewhere. The pa}'' was probably not large enough to tempt Mr. Parker to devote any more time than was necessary' to the service.

"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.

''2iy. That all such persons as Liue convenient to tura 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.

"3>y. 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 Hue 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 theni that way, except Shawshin farmes.

"4'n. They do grant vnto the inhabitantes y' Liue about a mile from Shawshin house to make vp there herd if they wante, to the Number of three score.

the toune shall take and deliuer there cattell are at Ralph Hill, senior's, and Jonathan Danforth's south east corner of his house lot.

"6'>. That Jonathan Dantorth and James Kidder shall agree with herdsmen or a herdsman, and to draw vp orders that consernes the same, in behalf of the Avhole.

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

'-S'^. It is ordered that the herdsmen shall driue out there herd thease severall ways hereafter mentioned, in theire severall da\'s, towards the falls and bejamd thafr way; and ouer Concord riuer when the water is Low. that the C'atell 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.

"9'.^'. 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 Lyabie to pay for the whole half."

to keep the comon herd vpou the sabbath day. and he refuse and neglect the same, shall pay for a fine five shillings." A fine of sixpence was also laid b}- the Townsmen, "if any one of them doe neglect to appear at the usual da3's of meeting, b}' 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 ffarle}', corporal, Samuel Kemp, drummer, and Will' Hamlitt, Clarke to y* 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.

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 propriet}-) 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.

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 Twentj^ 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 o' 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 y' Lyeth between Oberne Line and the farme that they purchased of Mr. Dunster, which is by estimation four score acres, more or less, and is bounded on the south or south east with Captain Gookins farme Line, wliich prcll. 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 L^'eth in o' 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 Gookiu's farme, when that farme Line come to be perfected." "John Parker is chosen juryman for Cambridg cort. S'"". '62." "Will' Tay was chosen comitioner for y*" cuntry rate. '62."

An early custom, long disused, is brought to light in this item : "22 : 10 : '62. John Kitrigc 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 j'oake ; he shall haue for euer^' swine he doth ringe, after three days warning giuen to the owner off them, he shall haue for euer}' 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 9 p. pr. 3'oak 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 ungrammatical.

"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 da}', "Joseph French is accepted of b}' 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 j^ears after has leave to cut timber for his house, which stood, as his "grants" show, east of the Woburn Road, near Mr. Foster's.

"2: 12: 62. The Townsmen doe order that the meadowe belonging to y" Mill Lott, and the meadowe called bj' the Name of y^ 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 pr'. or prcell. thereof." "John Sternes is ordered to pa}' for the grass that he did mow the Last Summer on the Mill Lott, or any other comon meadows, 6 p." The cowkeeper's meadow was south of the falls and present mill-dam at North Billerica.

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 b}' any prson w'soever, that is or shall be marked with T, shall forfeit for any tree so fallen paj^ tenn shillings ; if any such trees be Lopt, they shall pa}' the like penalty."

"The Towne did agree y' 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' gaue 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 y^ Rode y' Leads between Concord and AndcA^er. 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 1"^ day of Aprill Next ensuing after the date hereof, about all corn fieldes, on penalty of paying four pence pr. euer}'^ poll y' Neglects ; and all fences shall be good, fine rails, or one equivalent to it ; and that fence y' is three feet and eight inches high shall be acounted a suffitient fence : the fine set shall be Lyable to be payd by all prtj's. defective when the time is out, y' is alowed by y* 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 business 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 cons'ble for y* 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 1"* 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 y' haue had their Lands taken away from the conion field, by Mrs. Winthrop's farme Nere Concord Riuer, shall haue their lands laj'd out to them, in Lew of the same, 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 La3"ed out b}^ a comittee at their best discretion to act between the Towne and the prsons conserned therein ; and they are ordered to La}' out golden more's 50 acres of Land that y"^ 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 flfai'ley, 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 lilie 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 A'nto 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 da}' 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 formerl}^ 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 carr}' out his former bargain fully, there would have remained eighteen hundred acres to which this stipulation would appl}'.

"17: 12: 63. The Townsmen did order that all records and copies of records, and all platts of lands and meddows that conserned 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 bridgp, 44 acors ; and the former place is Lade by the Town at present comon to the Town's vse; (but the TowTi hath sould vnto the aforesaid John Parker the said lot, called ye mill lot, formerly laid out and recorded to Will' 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 eightacor Lott; for and in consideration whereof, the said John doth consent and agree to pay vnto the Towne for their vse this present Town Bate, to the valew of Twenty and five pounds, now in hand, acording to the Townsmen's order ; and the suine of Thirty pounds more in such pay as shall Answer the Town's ends, for present oi- future comon charges, for laying out Landes or puch 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 lading 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 the}^ 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 bj- 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, 16G1-4.

helping Lay it out. in all paid for helping Lay out y« minister's 2 devitions charge about 31r. Whiting's paster fence for a pane of glass for 3Ir. Whiting's window pay^' John hapeny. jndian. for killinge a wolfe pay* John Stem for hriks not paid for

1 1 interpret the obscure original of the last clause by the fact !hat two churches were present. If the fignrts are "V2," as they look, it is not clear what the abbrcTiations following mean.

The Stoet As Told Ix The Records

6S-15- 2 7 : 9 : 64. Reckoned with the Townsmen of all aconts, y« consems the Towne and Jolui Parker, and there remains due to the Towne to that day the just sume of 6-4-4

Chapter

Shawshin was bounded on the southwest by Concord, southeast by Cambridge and Woburn, north bj^ 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 neighbor, 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 boundar}', 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 jdelded to Concord, of the Blood's farms, this old line of Concord and Billerica ran a straight course south 53° east about seven miles, to a point forty rods east of the Shawshin, passing along the southern slope of the village of Bedford, between the Main Street and the depot.

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 b}' Danforth was finally accepted by both parties. It still remains as the west line of Burlington and the east line of Tewksbur}- ; 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

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. Ever}' change, except the transfer to Wilmington, has reduced the extent of the boundary-, which is now about twent3'-five miles.

The Andover boundar}' 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.

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."

Loueiuge ftriends and Neibors : Conserninge the meaddows that were granted to y^ 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 y"' answer speedily whether y" 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 y'' east side of Shawshin River, and to lay the bounds b}' measure from their meeting house."

"At a meeting of the Selectmen, 17, 2"', 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 ot Shawshin River: Provided always, that they state it but six miles southward of Andover meeting house; (which, as we vnderstand, is according to y^ Hon'' gen" Court's grant to them in that place,) or that they state it from Woburn line, that is, from y® North west angle of Woburn land toward Andover, & so to square to Shawshin River, & not otherwise. The committee are ens. Joseph Tompson, Corp". John french, Jonathan Danforth Sen"" Jonathan Danforth Jun""."

"Whereas the bounds between Andover and Billerica on y^ 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 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 y^ 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.

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 y^ 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 WTitten 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 y^ 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 y'' s^ psons by Billerica towne; and that this their agreement should be preferred to y^ 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 y« comittee to be anul<i 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 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 controvers}' is revealed in the letter of Major Willard, given in a previous chapter;^ but it was not developed until a generation later. The following petition brings its elements into view : -

'-The humble petition of the selectmen of Concord and Chelmsford, on behalf of s'' towns, Sheweth : That whereas there is a considerable pcell of Land Lying between the towns of Concord and Chehusford 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 Imnibly 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 & Clielmsford; Your humble petitioners do tlierefore, 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 s^ land, and the lines tliat they pretend unto ; and that, in case their just right to tlie premises can not be demonstrated, that then this Honored Court will be pleased to bestow the say'' lands upon the aforesaid towns of Concord & Chelmsford, as an iulargement, and your petitiones shall ever pray," etc.

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 cuntr}- 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."

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 b3' him to Robert Blood, who married his daughter, was located north of Concord line and on both sides of the present Ijoundary 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 y" Line of his farme, and b}' the Major's advice and aprobatione ; and also we then made an exchange for pr' 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 b}' 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."

At the session of the General Court, in Maj', 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 sa}',^ "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 ver\^ same tract which, in 1693, the representatives of Concord and Chelmsford sought to wrest from Billerica. And the date of this recognition is so earl}', in that ver}' May, 1655, as apparentl}' to imply that the action of the Deputies in October, 1654, granting the petition of Shawshin, as already given,* was recognized as binding, although not confirmed by the Magistrates until May 30, 1655,

By the exchange made with Blood, Billerica gave hhn 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 1G65, Danforth surveyed and mapped Blood's farm; and his description was produced in a controversy which arose in 1683.* At that time, Blood, in his petition dated May IGth, recites facts given above about the meeting with Billerica committee, and adds, "afterwards, y^ said Major Willard, meeting with a committee of Concord, did with them so state the bounds of the farme, without the knowledge either of y^ towne of Billerikey or y^ 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 Willard® 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 A^ears.

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 3-ears 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 : - ''

"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