Article
Township
Township
The Township was the tract of four hundred acres "granted by the Church in Cambridge for the Towneship," the village part of Billerica, on which most of the first settlers who came from Cambridge had their house lots. It was bounded south by Charnstaffe Lane, which was also the north-east line of the Dudley Farm, and west by the Concord River. John Trull's farm, later the Bridge place, took in its north-east corner, and the lane leading from Long Street to that house ran a few rods north of the Township line. The four hundred acres are now the center of Billerica: the Town Common, the old meeting-house lot and the land on both sides of River Street and Concord Road north of Charnstaffe Lane down to the river.
Henry A. Hazen saw the first settlement as "an agreement between the Woburn men who had bought the larger part of the 'Farm,' and the Cambridge men who had received the Township grant." House lots of twenty to thirty acres were granted on the Township to most of the first settlers, and "they upon the township" held, by agreement, a prior claim over "those on Mr. Dudley's farm" in later divisions of the common land. Four of the Farm proprietors, George Farley, John Stearns, Ralph Hill Jr. and Robert Parker, also had lots on the Township. Leaving them out, the Township lots were twelve, as the Farm shares were: Jacob Brown, who soon sold to Stearns, John Baldwin, Jonathan Danforth, Captain Daniel Gookin of Cambridge, a non-resident, James Kidder, John Marshall, Golden More, William Patten, John Rogers, John Trull, George Willice and the Rev. Samuel Whiting. Only Baldwin came from Woburn, and only one Cambridge man, Lt. William French, lived on the Farm.
The town's book of grants describes the lots. Jonathan Danforth built on the north side of West Street, perhaps in 1654, "perhaps the first house in the village"; the Jonathan Danforth House stood there until 1878. When the lots were laid out in 1658 the town ordered that "the west street should runne from long street, beginning at the southeast of Jonathan Danforth's house lot," six pole wide to the river; it is now River Street. James Kidder's thirty acres lay "upon the township, aboute ye centre of it," bounded by John Rogers Sr. on the south, by "the West street or highway which leads from long street to ye great river" on the north and by the river on the west. Rogers had twenty-three acres "lying upon the township," between Kidder on the north, Jacob Brown on the south and the Concord road on the east, near where the town house stands. Brown's eight-acre lot, granted in 1658, he sold with all his rights to John Stearns in 1663. George Willice of Cambridge bought the "eight acre lot" first granted to Joseph Parker and sold it to Daniel Shed of Braintree, whose house lot was "twenty and three acres of land ... lying upon the township," with Jacob Browne on the north and the Concord road crossing it. William Patten had "one acre of land ... on which his house now standeth," bounded east by the country road and lying six pole from the town brook.
Mr. Whiting's house lot was "twenty acres ... lying upon the Township, on the South side of it," bounded by George Willice on the south, the brook on the east and the meeting house on the west; in August 1658 the town agreed to give him "that house which is now vpon ye towneship, comfortably finished." Ralph Hill Jr. sold his eight-acre right in 1658 to John Poulter, Danforth's brother-in-law, with a house lot of "twenty and nine acres ... lying partly on the township," where East Street, later granted to Golden More, bounded it on the north. John Trull's sixteen acres "upon the township" were bounded by Golden More and John Poulter on the south and the commons elsewhere. John Marshall was "partly on and partly off the towneship," on the east side beyond Ash Swamp. Captain Gookin's lot was on the south corner of Long and West Streets, where the library, church and town hall later stood; in 1660 the town gave him forty or fifty acres elsewhere "in lew of which p'cell of Lande yt is granted to him by the Town Lying on the Township," and his exchange was laid out south of the town, a little south-east of Nutting's Pond.
The Township and the Farm were joined by the covenant of November 9, 1658, "a Covenant or Agreement between thos which were Proprietors vpon Mr. Dudley's Farme and they that were Inhabitance on ye Township." Everyone who took up land from the town was to be "equally accommodated with upland & meadow with thos vpon Mr. Dudley's farme" and was to pay the Farm proprietors in proportion "vntill they on Mr. Dudley's farme have received half so much as their first purchase cost," and the town agreed "That a ten-acre lot on ye township, and a single share, or twelfe part of Mr. Dudley's farme, should be equall, both civill and ecclesiasticall." Eighteen men signed it, among them French, Rogers, Patten, Brown, More, Kidder, Danforth, Marshall, Baldwin, Jefts, Farley, Chamberline and Stearns. The rate of November 10, 1659 for "ye halfe payment of ye purchase" charged 2 pounds 5 shillings 10 pence for a ten-acre lot (Danforth, Kidder, More and others), 1 pound 16 shillings 8 pence for an eight-acre lot (Patten, Baldwin, Rogers, Brown) and 1 pound 7 shillings 6 pence for a six-acre lot (Marshall, Paterson, Web), 44 pounds 18 shillings 4 pence in all, toward the 110 pounds the Farm had cost.
Other orders of 1658 kept open ways across the Township. Three pole by the river side "(vpon the Towneship)" were reserved "from the angle of the township neare George ffarley's, vntill you come below abbott's Bridge," and "the Brook which lyeth in the middle of the township" was to lie open "from long-street downward to ye line of Mr. Dudley's farme," six pole wide on each side; this order, Hazen noted, proves that Charnstaffe Lane and the line of the Dudley Farm were the same. When Mr. Whiting came in 1658 he found twenty-five families in town, eleven of them on the Township.
The house lots were town grants and were entered in the town's records rather than at the county registry. The first records of them passing to a second owner are in the probate files and later deeds: the inventory of Ensign James Kidder, who died in 1676; the will of Thomas Patten, proved in 1690, whose inventory begins with "the house barn & orchard, about one acre of land," his father William's lot; Golden More's gift of his homestead to his son-in-law Caleb Farley in 1698; the inventory of Sergt. John Marshall in November 1702, "building & house barne & all the land at home," 100 pounds; the will of Mr. Whiting, made in 1711 and proved in 1713, which left the house, barn and orchard to his widow and daughter Dorothy and to his son Oliver about eighteen acres "westward of the highway that lies between my barne and the stone wall at the east end of the English pasture" to the land of Benjamin Farley; and the will of Jonathan Danforth, who died in 1712 and reserved "the southerly part of my homestead" for his widow.
References
- Hazen, History of Billerica (1883), p. 24: the Township of four hundred acres granted by the Church in Cambridge, bounded south by Charnstaffe Lane and west by the river
- Hazen, History of Billerica (1883), p. 25: house lots of twenty to thirty acres on the Township; Danforth's house on West Street; Kidder, Rogers, Brown, Marshall, More
- Hazen, History of Billerica (1883), p. 26: John Trull at the Bridge place; George Willice sold to Daniel Shed in 1659; Mr. Whiting north of Charnstaffe Lane
- Hazen, History of Billerica (1883), p. 30: the Dudley Farm fixed the position of the Township; agreement of the Woburn and Cambridge men
- Hazen, History of Billerica (1883), p. 31: the twelve Township lots and their owners; the covenant of November 9, 1658
- Hazen, History of Billerica (1883), p. 32: text of the 1658 covenant; a ten-acre lot on the Township equal to a share of the Farm; the 1659 rate
- Hazen, History of Billerica (1883), p. 33: the rate of November 10, 1659 for the half payment of the purchase, 44 pounds 18 shillings 4 pence
- Hazen, History of Billerica (1883): in 1658 Mr. Whiting found twenty-five families, eleven on the Township
- Hazen, History of Billerica (1883): 1660 exchange of Capt. Gookin's lot on the Township, at the south corner of Long and West Streets
- Hazen, History of Billerica (1883): 1658 orders reserving a riverside way upon the Township and the brook in the middle of the Township
- Hazen, History of Billerica (1883): 1658 order laying out West Street from Long Street past Jonathan Danforth's house lot to the river
- Hazen, History of Billerica (1883): agreement of August 16, 1658 to give Mr. Whiting the house "now vpon ye towneship"
- Hazen, Genealogical Register, p. 81: James Kidder's thirty-acre house lot "lying upon the township, aboute ye centre of it"
- Hazen, Genealogical Register, p. 108: William Patten's one-acre house lot by the country road and the town brook
- Hazen, Genealogical Register, p. 112: John Poulter's house lot bought of Ralph Hill Jr. in 1658, "lying partly on the township"
- Hazen, Genealogical Register, p. 121: John Rogers's twenty-three acres "lying upon the township"
- Hazen, Genealogical Register, p. 130: Daniel Shed's twenty-three-acre house lot upon the Township, bought of George Willice
- Hazen, Genealogical Register, p. 150: John Trull's sixteen acres upon the Township, bounded by Golden More and John Poulter
- Hazen, Genealogical Register: Rev. Samuel Whiting's twenty-acre house lot "lying upon the Township, on the South side of it"
- Hazen, Genealogical Register: Jacob Brown's eight-acre lot, sold in 1663 with all his rights to John Stearns
Title References
| Date | Type | Grantor | Grantee | Summary | Recorded |
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| March 17, 1664 | Town Grant | Town of Billerica | James Parker, Ralph Hill Jr. and Jonathan Danforth | Town grant north of the Parker and Hill house lots to the Township line, 1655 | 3/59 (South) |
Town meeting of "the 6th of the 9th mo 1655" at John Parker's house: on Ralph Hill Sr.'s request for "a parcell of land for his sonne Ralph, to set his house upon, at the north end of his house lott," it was granted that "James Parker, Ralph Hill Junr & Jonathan Danforth, should have that parcell of land wch they desired, which land joineth to the house lotts of James Parker, & Ralph Hill Junr on the north end of their lotts, & so to extend northward to the Towneship line," the three to divide it. Testified by James Parker and Henry Jeffs, sworn at Cambridge April 5, 1659 and 17.1.1663/4 (Jeffs adding that John Parker was named to join them if they disagreed), and recorded March 17, 1663/4 by Thomas Danforth. Billerica town book 1, pages 23-24.
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| April 14, 1671 | Deed | The Cambridge proprietors of Shawshin (Edward Winship, Richard Champney, William French, Golden More, Thomas Danforth and about seventy others) | The Inhabitants of Billerica | The Cambridge proprietors' "great deed" of Shawshin to the inhabitants of Billerica | 4/159 (South) |
The town's "great deed," dated "the 25th day of March Anno dom. 1650" in the copy (Hazen reads the torn original as 1659), acknowledged by the signers "severally at sundry times" before Thomas Danforth and attested and entered April 14, 1671. "For sundry good consideracons" and "valuable consideration," the subscribers sell "unto the Inhabitants of Billerica ... & such others as shall from time to time be by them admitted as free denizens of the said place ... all our respective rights & interest" in "the said land now called by the said name of Billerica als Shawshinn," "only excepting & reserving our joynt and respective interests ... in the farme wherein John Parker now dwelleth, comonly called by the name of the churches farme," with common rights for its inhabitants; each signer binds only himself and his heirs. Richard Jackson "selleth two hundred acres"; Richard Champney "giveth his lott, reserveing the same priviledges with the churches farme"; William French, Golden More and others sign for several lots. Billerica town book 1, pages 57-61.
Related:
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| 1666 | Deed | Caleb Beal of Hingham | Samuel Manning of Billerica | Caleb Beal sells Thomas Hubbard's house lot on Long Street and his six-acre-lot rights to Samuel Manning, 1666 | 3/214 (South) |
For "a valluable Summe of money," "One messuage or tenement ... conteyning one dwelling house with thirty two acres of land, be it more or less, adjoyning to the same, bounded by long street east, James Paterson south, Jno. Rogers Senr North, the great River West, which land was granted by the Towne of Billerica to Thomas Hubbard now deceased," with Hubbard's other upland and meadow lots and the privileges of his six-acre lot, except thirteen and a half acres in the great common field that Hubbard had sold to John Rogers Jr. Dated 1666, recorded 1667. Billerica town book 1, pages 32-33. The deed shows that a dwelling house already stood here by 1666 and that James Patterson's house lot was the next lot to the south.
Title passed to:
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| 1677 | Inventory | Estate of Ensign James Kidder of Billerica (died April 10, 1676) | His widow Anna (Moore) Kidder and children | James Kidder's thirty-acre house lot upon the Township | Probate #13232 |
The Middlesex file for James Kidder, the first settler of the lot, holds only the index card "James Kidder of Billerica, 1677(?), Record of Inventory, Vol. 5 Page 34"; no will or division survives in the file papers. His thirty-acre house lot, granted in 1656 and occupied in 1659, was bounded "by John Rogers, sen., on the south ... by the West street or highway which leads from long street to the great river on the north; and by the great river on the west" (Hazen, 1883). His house was a garrison in 1675. The lot next appears in 1741 as the homestead of his son Enoch.
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| 1690 | Will | Thomas Patten of Billerica | His widow Sarah (half the dwelling house for her widowhood); sons William and Kendall (their portions out of the homestead); eldest son Thomas and son Nathaniel (other lands) | Thomas Patten's homestead, his father William Patten's one-acre Township lot | Probate #17030 |
Will dated Jan. 14, 1689/90, inventory Mar. 10, 1689/90, exhibited Apr. 15, 1690. Thomas Patten gives his wife Sarah half his dwelling house and barn with the orchard for her widowhood, and directs that "my sons William and Kendall shall have their portions out of my homestead with suitable meadow to it," William to stay with his mother until he is twenty-one; his eldest son Thomas takes the second-division lot and meadows, Nathaniel the land at Loes Plain. The inventory begins "the house barn & orchard, about one acre of land," with seven acres behind Samuel Frosts house, and lists a quarter part of a saw mill. Hazen places Thomas Pattens house west of Long Street and his son Deacon William "near the corner"; that Williams homestead grew out of this portion is the most likely reading but is not stated in any deed. Papers read, pages 1-4.
Title passed to:
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| 1698 | Deed | Golden More (Moore) | Caleb Farley Sr. | Golden More gives his Township homestead to Caleb Farley | 12/242 (South) |
For love of "my Son in Law Caleb ffarley Senr" and 20 pounds to be paid to More's creditors, all his land, housing, malt house, orchard and town right, "particularly all my homestead whereon my dwelling house stands with all ye building upon it, and ye orchard," with his meadows on the Shawshin River, the further Great Meadow and Mill Swamp. Farley must keep "his aged ffather in Law" for life: meat, drink, clothing, a horse, a room and firewood in More's house or his own, three barrels of cider a year, the fruit of one pear tree and two apple trees, and half an acre of the orchard to plant. More had daughters but no son; Hazen notes the 1660 horse sheds stood by "Goldinge More's barn," which was on Paul Hill's land. Billerica town book 1, pages 247-249.
Title passed to:
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| 1702 | Administration | Estate of Sergt. John Marshall of Billerica (died Nov. 5, 1702), intestate | His only son John Marshall, administrator | Inventory of Sergt. John Marshall, partly on and partly off the Township | Probate #14708 |
Bond of December 28, 1702 of "John Marshal Onely Son of Sergt. John Marshal late of Billerica," with Thomas Stacy of Cambridge, blacksmith, and Peter Corneal of Billerica as sureties. The inventory of November 1702, by Joseph Tompson, John French and James Frost, begins its real estate with "building & house barne & all the land at home," 100 pounds, then land upon Loose Plain near Sergt. Richardson's, meadow upon Content Brook toward Mill Swamp, meadow in the Great Meadow, on the Shawshin near John Kittredge's and near Cedar Swamp, "upland that Peter Corneele sits upon," and "meadow lately purchased of Mr Whiting upon Shawshin," 256 pounds 2 shillings 2 pence in all. Marshall's homestead was "partly on and partly off the towneship," on the east side beyond Ash Swamp (Hazen). Middlesex probate case 14708, pages 2-5.
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| October 27, 1712 | Will | Estate of Capt. Jonathan Danforth of Billerica, surveyor | His widow Esther Danforth (use of the southerly part of the homestead) and his seven children | Jonathan Danforth's homestead on West Street | Probate #5891 |
Will of "Jonathan Danforth sen. aged 82 years": to his wife Esther, if she stayed in town, "the profit and income of that part of my estate which I have reserved for my self, that is the southerly part of my homestead, that is not granted by deed of gift to any other," with house room; the remainder of the estate "equally divided among my seven children, only my eldest son shall have a double share," counting the lands already given by deeds of gift (valued September 4, 1711). Executors his son Samuel and son-in-law Oliver Whiting (his son Jonathan having died). Proved at Cambridge October 27, 1712. The reserved homestead, running from the country road west to the Concord River, is the land the children sold to Oliver Whiting Jr. in 1714; its east end became the Locke house lot.
Title passed to:
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| 1713 | Will | Rev. Samuel Whiting of Billerica, the first minister | His widow and daughter Dorothy (house, barn and orchard); son Oliver Whiting (about 18 acres); son Samuel Whiting (the Dunstable farm) | Will of Rev. Samuel Whiting: his Township homestead to his widow, daughter Dorothy and son Oliver | Probate #24561 |
Will dated September 10, 1711, witnessed by Samuel Fasset, Joshua Abbott and Ebenezer Farley, proved at Cambridge March 27, 1713 before Francis Foxcroft. His wife and daughter Dorothy to have "the use of my house, Barn and orchard" and of the land not otherwise given; his son Samuel, "now in Captivity," the farm of four hundred acres at Dunstable; his son Oliver "all my land that lies westward of the highway that lies between my barne and the stone wall at the east end of the English pasture from said stonewall westward to the land of Benjamin Farley, which contains about Eighteen acres," valued at 44 pounds, with a five-acre town right, but not the old field and English pasture until his mother's death; three pounds to the poor of the town and forty shillings to "Simon Negro my old servant." The homestead was his twenty-acre house lot "lying upon the Township, on the South side of it" (Hazen). Sons Samuel and Oliver executors; overseers Rev. Samuel Ruggles and Lt. John Stearns. Middlesex probate case 24561, pages 2-5.
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Recorded is Book/Page at the Middlesex North Registry of Deeds unless noted; Probate # is a Middlesex probate case, Ctf a Land Court certificate of title.