USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register > Part 13
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And the fact that the settlers on the east side of the river held their lands in fee simple, while the settlers on Danforth lands had only leases, was a circumstance, perhaps trivial in itself, but which had its influence in separating interests. The leased farms held certain valuable rights in common, from which the east-side settlers were 'debarred. Mr. Danforth was a man of large views and well-defined aims. He planned to build up a township of enterprising men by leasing the land on easy terms, and securing to each tenant a right of pasturage and fuel in the large reserved commons.
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History of Framingham.
And this leads to a narrative of
How MR. DANFORTH DISPOSED OF HIS LANDS. - Reference has already been made in this chapter to the commons and reserved lands, set apart by Mr. Danforth for public uses.
It was evidently his intention to superintend personally the settle- ment of his Framingham farms. And when responsible parties would engage to occupy and cultivate a given tract as a homestead, he encouraged it by giving a parole lease, without rent for a few years. And when it became certain that the occupant had ability to fulfill his contract, and was content to remain, a written lease was executed. Some men who made engagements with Mr. Danforth, did not get their leases till after his general lease was made to White and Buckminster, and the contract was executed by them. Among these were John and Nathaniel Haven, whose lease from White and Buckminster bears date Mar. 23, 1694, though they took possession of their 500 acres at Park's Corner as early as 1690.
Probably Benjamin and John Whitney came upon the lands near Washakum pond, and Simon and Thomas Mellen and John Coller took possession of the lands west of Farm pond in 1687. But leases were not given to the former till 1693, and to the latter till 1696. The lease to the Whitneys has not been found on record. The rents and reversion of this estate were devised to Harvard College, as before stated.
The material parts of the lease to the Mellens is here copied, as a sample of the forms of conveyance used at that date, and as a specimen of Mr. Danforth's prudence and exactness in his business transactions.
" THIS INDENTURE made the twenty fifth day of March, 1696, between Thomas Danforth of Cambridge in the County of Middlesex, Esqr of the one part, and Simon Mellen of Framingham in the County aforesaid, yeoman on the other part, Wittnesseth that the said Thomas Danforth, for himself, his heires and assignes on the condi- tions and covenants hereafter expressed, hath demised granted let & to Farm letten, to the sd Simon Mellen & Thomas Mellen and to theire heires Execrs Admrs and assignes, all that his messuage or tenement now occupied by them situate lying and being within the Township of Framingham aforesaid, containing two dwelling houses, one barn & orchard plow lands, meadow lands and pasture lands adjoining, by estimation three hundred acres, be the same more or less, being butted & bounded on the East by a pond, called Farm Pond, Northwardly by a brook coming out of said pond, and running into the river, Westwardly by lands demised by said Thos Danforth to Joseph White & Joseph Buckminster as run by the line, Southwardly
Lease to Mellens. 113
by lands of Jnº Collar & Jnº Haven or however otherwise bounded ; also six acres of medow land, lying upon Marlborough Brook or river that leads into Sudbury river, whereof the said Simon Mellen & Thos Mellen are now also possessed, as also priviledge in common with the rest of the inhabitants of said Framingham upon all those lands which said Thos Danforth hath reserved to lye for free common- age of herbage Wood and timber for the use of all those who are his tenants in said Framingham : To have and to hold the above letten messuage or tenement & lands, with all the priviledges & appurten- ances to the same belonging, to them the said Simon Mellen & Thos Mellen, and to their heires, & assignes, from the said twenty fifth day of March in the year aforesaid unto the full end and terme of nine hundred and ninety and nine years to be from thence fully compleat & ended, to their only proper use and behoof, Rendering Yeilding & Paying during sd term and until the same be fully compleated and ended, to him the said Thos Danforth, his heirs and lawfull assignes, or to some or one of them, seven pounds pr annum, the one moiety or half part of each annual payment to be made on or before the last day of October annually, the other moiety or half part at or before the twenty fifth day of March next following, and the place of payment to be the now dwelling house of said Thos Danforth in Cam- bridge, unless the said Thos Danforth, his heires or assigns shall otherwise assign, and all the said annual rents shall be paid in money ; and in default of money, said tennants shall or may pay said annual rent in good merchantable corn (not exceeding one sixth part in Indian corn or oats) butter, well fatted Beife and Pork (boars and bulls excepted) at the currant money price, as he the said Thos Danforth, his heirs or assigns can do or may put off the same for money at the time of payment, and to be delivered in like manner, as is above provided, without charge or trouble to him the said Thos Danforth, his heirs, or assigns.
" And the said Simon Mellen and Thomas Mellen joyntly and severally, for themselves, their heirs, and assigns by these presents do covenant, promise and grant to and with the said Thomas Danforth, his heirs and assigns that the said Simon Mellen and Thos Mellen or their heirs exec, admrs or assigns or some or one of them shall and will from time to time during all the said nine hundred, ninety and nine years, well and truly make payment unto the said Thos Danforth his heirs, or assigns or some or one of them the annual rent as is above conditioned, and provided, without any defaulcation, deduction or abatement of any part or parcell thereof for any tax or taxes, assesments, rates, contributions or other impositions or charges whatsoever ordinary or extraordinary. And further the said Simon
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History of Framingham.
Mellen and Thomas Mellen, for themselves, their heirs, and assigns, do covenant, promise and grant to and with the said Thos Danforth his heirs and assigns, that if it shall happen, that the said rent in manner as is above conditioned to be annually paid, be behind and unpaid more than the space of six weeks next after any of the days on which the same ought to be paid as aforesaid, that then and so often the said Simon Mellen & Thos Mellen and either of them, shall forfeit and pay unto the said Thos Danforth his heirs and assigns for each defect of every payment not satisfied and paid as is above provided and covenanted, forty shillings in lawfull money of New England to be paid over and above the annual rent as is above conditioned and covenanted; and the said Simon Mellen and Thomas Mellen do further for themselves, their heirs joyntly and severally covenant promise and grant to and with the said Thos Danforth his heirs and assigns, that whensoever and as often as the said yearly rent or any part thereof shall be behind and unpaid or in arrears, that then and so often and from time to time it shall and may be lawfull to and for the said Thos Danforth, his heirs and assigns, into and upon the said messuage or tennement and lands and all the above letten premises, to enter and distrain for said yearly rent and arrearages thereof and for the said penalty and forfeiture of forty shillings or for any or either of them the distress or distresses so found, to take, lead and drive away impound and distrain till said sum or sums for which said distress shall be taken be duly and fully satisfied and paid with satisfaction and payment for all the trouble and charge expended in travel, taking and driving and making sale of said distress when so taken ; or it shall be lawfull for the said Thos Danforth his heirs and assigns or any one of them to recover said arrears in a course of law, as to him or them shall seem most meet. And in case said Simon Mellen and Thos Mellen their heirs, or assigns or some or one of them do not within four days, next after such distress is taken and impounded as above, make full payment of all arrears then due and behind, as also for the forfeiture and penalty of forty shillings, as is above conditioned and provided, then it shall be lawfull for the said Thos Danforth, his heirs and assigns to make sale of the distress so taken, for the payment thereof, and for all costs trouble and expenses for taking and impounding said distress, and for the taking, driving, keeping and disposing thereof, and the overplus coming by the sale shall return to them from whom it was taken. And further the said Simon Mellen and Thos Mellen for themselves, their heirs and assigns do covenant promise and grant to and with the said Thos Danforth, his heirs and assigns, that in case said yearly rent be behind and in arrears for the space of half a year after the day limited for the
115
Lease to Mellens.
payment thereof, and no distress be found upon the lands above letten and demised, and tender thereof made by the said Simon Mellen and Thos Mellen their heirs or assigns, upon the demand of said Thos Danforth, his heirs and assigns, that then and from thenceforth it shall and may be lawfull to and for the said Thos Danforth his heirs and assigns into the said demised and letten premises to enter, and the same to have and hold, possess and enjoy in the former estate, any thing above written to the contrary notwithstanding. And the said Thos Danforth for himself, his heirs & assignes doth covenant, promise and grant to the said Simon Mellen and Thos Mellen theire heirs and assignes, that it shall and may be lawfull to and for the said Simon Mellen and Thos Mellen theire heirs and assigns and their lessees, farmers and under tenants from time to time and at all times hereafter during the term, to have and take in and upon the said demised premises, competent and sufficient house-boot, plough-boot, Cart-boot hedge-boot and live-boot to be spent, expended and em- ployed in about and upon the same premises and not else where. And further the said Thos Danforth for himself, his heirs and assigns, doth covenant promise and grant to and with the said Simon Mellen and Thos Mellen, that in case the said lessees, their heirs and assigns shall by force or violence of a common enemy be driven off from improvement and dwelling upon said demised premises, the rent becoming due during the time of war and violence shall be abated, and not required, and the said lessee shall have liberty to return to the same again when such force shall be removed, upon the same conditions as above is covenanted and agreed."
The tract leased as above, and known as Mellen's Neck, extended southward as far as the south line of the Woolson farm, lately owned by Thomas B. Wales, Jr., now owned by David Nevins, and incorpo- rated into his estate. The reversion of this Mellen estate was, by deed of gift dated June 10, 1699, made over to John Whiting, Mr. Danforth's grandson.
THE WINCH AND FROST FARM. - Mr. Danforth's lease to Samuel Winch and Thomas Frost, bears date Mar. 25, 1693. Mr. Winch had taken a parole lease several years before, and had built a house on the easterly part of the premises. The house stood where is now the cellar-hole, known as the Stearns place, on the north road from below Samuel Cutting's to the new bridge. Mr. Frost had just built a house on the extreme west part of the tract. It was situated about sixty rods up the hill from Liberty Chadwick's, and several rods back from the road.
II6
History of Framingham.
The lease ran for 999 years, at a yearly rental of four pounds ten shillings, and the terms were similar to those of the Mellen lease. The farm was bounded "on Sudbury line northerly, on the river and Dea. John Stone's land easterly, on Mr. Danforth's own land south- easterly, on the Lynde farm southerly, and on the 600 acres of reserved lands westerly - the southwest corner bound being the Northwest corner of Mr. Lynde's land." It was called 300 acres more or less, and embraced " all those two messuages and tenements wherein they the said Samuel Winch and Thomas Frost do now dwell, containing two dwelling houses, out houses and lands adjoin- ing." It took in what is now North Framingham, from the west line of Liberty Chadwick's farm to the old Dadmun farm on the east, and included the old Belcher farms, part of the Matthias Walker farm, and so by a northeasterly line joining on to the Stones land to the river. The highway was the south bounds.
As before narrated, the " Half-mile Square" was excepted out of the leased estate.
The reversion of this estate was held by the heirs at law of Mr. Danforth.
THE WHITE AND BUCKMINSTER LEASE. - Having disposed of so much of his lands, and created two distinct centres of settlement at widely separated points, Mr. Danforth, on account, probably, of the pressure of public trusts on his time and attention, in May, 1693, made over by lease for 999 years, the balance of his Framingham farms to Messrs. Joseph White of Roxbury, and Joseph Buckminster of Muddy river. They at once made sale of large portions of the estate, in some cases executing written leases, but in most instances giving possession by verbal contract only.
For various reasons, especially failure to pay the annual rental to Mr. Danforth, which was in arrears sixty pounds, this lease was abrogated, and a new lease to Joseph Buckminster was executed. For obvious reasons this lease is here given entire.
"THIS INDENTURE made this 25th day of March Anno Domo, one thousand six hundred ninety-nine: between Thomas Danforth of Cambridge in the County of Middxx in the Province of the Massa- chusetts Bay in New England, Esqr on the one part, and Joseph Buckminster of Muddy River in the County of Suffolk in Province aforesaid Tanner on the other part, wittnesseth, that whereas the said Thomas Danforth hath a tract or parcell of land to him appropriated or belonging, and is a part of those lands commonly called Framing- ham, lying, scittuate and being in the Wilderness, and is bounded by
II7
Buckminster's Lease.
Sudbury on the Northerly side thereof, by Marlborough on the Westerly side, and the Easterly side is bounded partly by land occupied by Thomas Frost and Samuel Winch and partly by Sudbury River, and by land now occupied by Simon Mellens, John Collar Sent and the Whitneys, and Southerly by Sherborn line: Also within said tract or parcell of land is contained sundry parcells of land and meadows that are appropriated to sundry other persons, and not to the said Thomas Danforth; Also within said tract of land is compre- hended one Neck of land bounded by Sudbury River Southerly, South Westerly and South Easterly, and a small branch of said river northerly running towards Marlborough line, and said line is the Westerly bounds thereof, which said Neck of land (excepting only six hundred acres part thereof to be laid out in distinct places and no more) the said Thomas Danforth reserveth to lye in common for the accommodation of those that do or shall occupy other the lands of the said Thomas Danforth, as for the Tenants and Farms of him the said Joseph Buckminster, in manner as he the said Thomas Danforth shall hereafter appoint, and order :- Reserving also to Simon Mellins and John Collar and the farmes by them occupied, all the medows lying upon Sudbury River as far downward as the aforesaid branch of the river, and so much of the upland as shall be set out to them for the accommodating the fencing of the said medows, and to the other farmers of the said lands of the said Thomas Danforth conveniancey for passage of their cattle to the said Neck of Land an highway of twenty poles wide or more in manner and place as shall be required and meet, as said Thomas Danforth shall appoint; Also six hundred acres of land to be laid out adjoining to Sudbury line containing Nobscot and Doeskin Hill to be laid out in one intire piece and to bound Southerly upon the path leading from Deacon Stones to Marlborough : Also for the accommodation of the Meeting House, and settlement of the minister, said Thos Danforth reserveth an hundred and forty acres, and is laid out in two or more places, as they the above named Thomas Danforth and Joseph Buckminster have ordered and appointed. - All the remainder of the said tract of land to him the said Thos Danforth appertaining or in any wise belonging he the said Thomas Danforth for himselfe, his heyrs and assigns on the conditions and covenants hereafter named, and to him the said Thomas Danforth, his heires, executors administrators and assignes reserved and provided, hath demised granted lett and to farme lett, and by these presents doth demise, lett and to farme lett to the said Joseph Buckminster his heires executors administrators and assignes. TO HAVE AND TO HOLD the above tract of land be it more or less, with all the priviledges and appertenances to the same
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History of Framingham.
belonging or in any kinde appertaining (excepting only such part thereof excepted and reserved in manner as is before expressed) to him the said Joseph Buckminster, his executors admst and assignes from the day of the date above mentioned unto the full end and time of nine hundred ninety and nine years, to be from thence fully compleat and ended, to his only proper use and behoof, rendering, yielding and paying during the said terme, and untill the same be fully compleat and ended, to him the said Thos Danforth, his heires, executors, adminsts or assignes or some one of them Twenty two pounds pr annum currant money, the one moiety or half part of each annual payment to be made at or before the last day of October now ensueing the date hereof, and the second payment, being the other moiety or halfe, to be made at or before the twenty fifth day of March, one thousand and seven hundred, and in like manner the said yearly rent as is above conditioned to be paid yearly and every year during the whole terme, and the place of payment to be the now dwelling house of said Thomas Danforth in Cambridge, until the said Thos Danforth his heires and assigns shall otherwise assigne to rent or any part thereof as it shall become due to be paid at any other house in Boston or Cambridge. And in default of money the tenant shall or may pay said annual rent in good merchantable corn (not exceeding one sixth part in Indian corn or Oats) butter and well fatted Beife or Porke (boars & bulls excepted) at the currant money price, that is as he the said Thos Danforth his heires or assignes do or may put off or sell the same for money at the time of payment, and to be delivered in like manner as is above provided, without charge or trouble to the said Thos Danforth his heires, or assigns. And the said Joseph Buckminster for himself his heires, exects admstrs or assignes doth covenent, promise and grant to and with ye said Thos Danforth his heires, or assigns and every of them, that ye said Joseph Buckminster his heires, or assigns or some one of them shall and will from time to time during all the nine hundred and ninety nine years well and truely make payment unto ye said Thos Danforth his heires or assigns or some one of them, said annual rent, as is above conditioned and provided without any defaultation, deduction or abatement of anything for any tax or taxes, assesments or contri- butions or other impositions or charges whatsoever ordinary or extraordinary. And further the said Joseph Buckminster for himself, heires or assignes and every of them, doth covenant, promise and grant to and with the said Thos Danforth his heires and assignes that if it shall happen the said rent as is above conditioned to be annually - paid, to be behind and unpaid more than the space of six weeks after any of the days on which the same ought to be paid, that then and so
119
Buckminster's Lease.
often the said Joseph Buckminster his heires or assigns shall pay unto the said Thos Danforth his heires and assigns Twenty Nobles of lawfull money of New England over and above the annual rent as is above conditioned and covenanted. And the said Joseph Buckmin- ster doth further for himselfe, his heires, or assignes covenant promise and grant to and with the sd Thos Danforth his heires and assignes that whensoever and as often as the sd yearly rent as is above conditioned and provided or any part thereof shall be behind or unpaid in arrears that then and so often from time to time it shall and may be lawful to and for the said Thos Danforth his heires and assignes into and upon the said lands and tenements and premises by these presents granted and demised, and out of which said yearly rent is reserved, and into every part and parcell thereof, at his and theire liberty, choice and pleasure to enter and distress for the said yearly rent and arrearages thereof, and for said penalty and forfeiture of twenty nobles, or for either and any of them, and the distress or distraint then and there so found, to take, lead, drive away impound and detaine untill ye said summ or sums for which such distresses shall be taken, shall be duly and faithfully satisfied, contented and paid. And in case ye said Joseph Buckminster, his heires or assignes or some one of them do not within four days next after such distress is taken or impounded as above said, make full payment of all arrears then due and behind as also of the additional rent of twenty nobles as is above conditioned and provided, then it shall be lawfull for the said Thos Danforth his heires and assignes to make sale of the distress so taken for the payment thereof, and for all the charges, trouble and cost that shall arise about ye same, for driving, taking keeping and distressing thereof and the overplus coming by the said sale shall return to them from whom it was taken. And further ye said Joseph Buckminster for himselfe his heires, and assignes doth covenant promise and grant to and with ye said Thomas Danforth his heires and assignes that in case sd yearly rent be behind and unpaid in arrears for the space of halfe a year after the day limited for ye payment thereof, and no distress to be found upon the land above letten and demised now thereof made by the said Joseph Buckminster his heires or assignes or some one of them upon demand of ye said Thos Danforth his heires or assignes, That then and from thence forth it shall and may be lawfull to and for the said Thos Danforth his heires and assignes, into ye said demised and above letten premises to enter, and the same to have and to hold, possess and enjoy in the former estate, any thing above written to the contrary notwithstanding. And ye said Joseph Buckminster his heires, and assignes shall then and from thenceforth amove, depart and to
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History of Framingham.
the same quit all claimes, as well ediffices, buildings, fenceings and other improvements by them made, as to the lands themselves, of which they shall make no wast nor in any wise despoil. And the said Thomas Danforth for himselfe his heires and assignes doth covenent, promise and grant to and with the said Joseph Buckminster, that in case the lessee or his heires shall by force and violence of a common enemie be driven off from improvement and dwelling upon the said demised premises, the rent coming due during the time of Warr and violence shall be abated, and not required, and said lessee shall have libertie to return to ye same againe when such force is removed; on the same conditions as is above conditioned and agreed, Provided alwaies said tennant, his heires and assignes shall not delay to return being thereunto directed and required by the said Thos Danforth, his heires and assignes, and may have of said letten premises occupied and improved by other persons.
" And the said Thos Danforth doth for himselfe his heires and assignes further covenent promise and grant to and with ye said Joseph Buckminster his heires and assignes that it shall and may be lawfull for them and any of them for and during the terme above, to cut down and carry away any woods timber underwood or tree growing upon the premises or any part or parcell there of without any impeachment of wast, and that it shall and may be lawfull for the said Joseph Buckminster his heires and assignes at all times during the said lease, upon the premises or any part there of to commit any manner of wast, without being impeached or any wayes prosecuted for the same by the said Thos Danforth, his heires and assignes And the said Thos Danforth for himselfe his heires Exectrs Admstrs and assignes, and every of them, doth hereby further covenant promise and grant to and with the said lessee his heires, Exectr Adms and assignes in manner following, That is to say, that he the said Thos Danforth, at and immediately before the time of the ensealing and delivery of these presents, is the true, sole and lawfull owner of all the aforesaid demised and letten premises, with theire appurtenances, and standeth lawfully seized thereof, in his own proper of a good, perfect and absolute estate of inheritance in fee simple, having in himselfe good right, full power and lawfull authority to demise and grant the same unto the said lessee, his heires, and assignes, in manner and form as aforesaid and that ye said Joseph Buckminster, his heires and assignes or any one of them paying the yearly rent of twenty two pounds per annum, from year to year, and every year during the said terme, in manner and forme as is above provided and covenanted, shall and may from time to time and at all times forever hereafter, during the terme of nine hundred, ninety and nine years, lawfully peaceably and
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