USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register > Part 14
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I21
Buckminster's Lease.
quietly have, hold also occupy possess and enjoy the above demised and granted premises, and every part and parcell there of (reserving only what is before reserved and excepted) without any lawfull lett, trouble, eviction ejection, disturbance or interruption, of or from him the said Thos Danforth his heires, or assignes, or by any other person or persons lawfully claiming or to claime from by or under him or them, or any of them, or by any of their means, act default or pro- curement. And that the premises now are and so shall remain and be during all the aforesaid terme, free and clear, and freely and clearly acquitted and discharged of and from all manner of former and other gifts, grants, bargains, sales, leases mortgages, jointures, dowers thirds, entailes, judgements executions, extents, forfeitures and of and from all other titles, troubles charges and incumbrances, what- soever has made, conditioned, done or suffered to be done by the said Thos Danforth, his heires and assignes, or by any other person or persons whatsoever, by his or their means, priviledges, title or procurement.
"Moreover, the said Thos Danforth, for himselfe, his heires, and assignes and every of them, doth covenant, promise and grant to and with the lessee his heires, and assignes and every of them that he the said Thos Danforth, his heires and assignes, shall and will at all times hereafter, and from time to time during the terme and space of twenty years next ensuing hereof upon all and every reasonable request or requests to him or them to be had or made by the said lessee his heires, or assignes, or some or one of them at the cost and charges of the said lessee, do, make and acknowledge, execute and suffer, or cause to be done, made acknowledged executed and suffered, every such further lawfull act and acts, thing and things, devise and devises in the law whatsoever, for the better confirmation of these presents and for the better and further assurance, law-making and conveying all ye above demised premises, with theire appurtenances for and during the above said terme of years hereby granted or men- tioned to be granted to the said Joseph Buckminister, his heires, execrs, admrs and assignes, according to the true intent and meaning of these presents, as by their Counsel learned in the law shall be reasonably devised, advised or required.
"In witness whereof the parties above named by these indentures have interchangeably set theire hands and seals the day and year above written."
The reversion of this estate was vested, one-fourth by deed of gift to Thomas Foxcroft, and the other three-fourths to the heirs at law of Mr. Danforth.
122
History of Framingham.
MR. DANFORTH'S WILL : -
In the name of God, Amen. I, Thomas Danforth of Cambr in N. E. do by these presents ordain Constitute and Declare this my Last Will and Testament in manner and form as followeth, vizt. My immortal soul I do with humility, fear and holy Reverence, Shroud under the shadow of the Wings of God Almighty, my body to a decent buriall, hoping for a joyfull Resurrection to Life Eternall, thorou the meritts and mediation of the Dear Lord Jesus Christ. As for my outward Estate that God hath given me, I do will that, after my just debts and funerall expences are paid, the Remainder shall be disposed of as followeth, Vizt. To my much esteemed Son-in-law Mr. Joseph Whiting, Pastour of the Ch. of Christ at South hampton on Long Island I give and bequeath Ten pounds Money. To my verry loving Kins- men, Mr. John Danforth, Pastor of the Church of Cht at Dorchester and his brother, Mr. Saml Danforth, Pastor of the Church of Christ at Tanton I give five pounds apiece Money. -
Item, To my negro man Phillip Field, he approving himself a faithfull servant to his master Mr. Foxcroft for four years time next after my Decease, I then sett him at liberty to be a free man, and his master shall pay him ten pounds money, and I also give him forty acres of Land lying at Cambridge Farmes, the same that I had of Samuel Goff Senr, Provided alwaies, in case he die not haveing issue of his body lawfully begotten, said Lands shall come unto my grandson Francis Foxcroft.
I will that all my books and manuscripts shall be equally divided between my Grandchildren, Mr Thomas Phipps. and John Whiting, and those that said Phipps hath already had from me shall be in part of his share.
I do will that Solomon Phipps in consideracon of the grant by me made him to have the Reversion of the whole farme whereon his mother dwells, shall take the sole care and charge for the Support of his lame Sister, Mary Phipps, and in case his mother do change her condition by marriage, he shall pay her twenty pounds per ann during her life, and after her decease shall pay to his brethren and sisters twenty pounds to each in money, the payment to be made at the farme house. The first payment to be made to his brother Thomas Phipps within one year next after his mothers decease, so annually to be so paid according to theire ages untill they be all paid. I do also give to Solomon Phipps all the Stock of Cattle, horses, sheep and neat cattle by me put into the hands of Nathaniel Longley the now Tennant. And it is my will, that in case said Solomon Phipps shall decease, and no heirs of his body surviving him so as to Inherit the same, that then his wife that he now hath (during her widow condition) shall possess said farme to her use, she giving reasonable security not to make any strip or waste thereon, and in case of her marriage, said whole farme shall come and descend to his brother Thos Phipps, he paying to Solomon's widow Twenty mark pr annu money, so long as she shall live, and Thomas Phipps shall performe in all respects payment of Legacies and support of his Sister Mary in all respects as Solomon ought to have done.
And it is my will that my Grandson Daniel Chamney shall have in pt of his share in the remainder of those Lands and Tenements by my Deed of Gift settled on his mother during her life, one fourth pt of my interest in the
123
Mr. Danforth's Will.
corn Miln, Fulling Miln, Houses and Lands to the same belonging, to enter upon the same at my decease. I do hereby nominate and ordain Mr Fr. Foxcroft my Son-in-law and Mr. Samuel Sparhawke and Daniel Chamney my grandchildren joint Executors to this my will, and my Loving friends Capt. Andrew Belcher, and Deacon James Trowbridge my overseers, and in case any doubt or question be concerning my true meaning herein, my over- seers shall determine the same, and in case any legatee herein named shall not rest therein, or otherwise in any kind give trouble to any of my Legatees in the free and peaceable injoyment of what I have hereby bequeathed to them or by my deed of gift settled upon them, such Legatee shall loose his part and share hereby bequeathed to him.
The remainder of my Estate in Lands or other not hereby bequeathed, I give my Executors full power, with the consent of my overseers to make sale of as they shall judge best, and make equal division thereof among all my Children, Grand Children, and Great Grand Children, and that they all be alike Sharers in that Division.
I Will that all the small Legacies by me given and added hereunto in the Schedule annexed, be paid before division made among my Children. I do hereby declare this above written to be my Last Will and Testament by me made and sealed this first day of Sept. 1699, and in the XI year of the Reign of his Majesty King William the :
Thomas Danforg
SEAL.
Sealed and published in presence of us, Walter Hastings Senr Samuel Hastings Senr Samll Hastings.
I do further declare it is my minde and will that those deeds by me made to my Children, be confirmed, and I do hereby in all respects Ratifie and confirme the houses, Lands, Milns, Titles and Interest, by me to them respectively given and granted, to be holden by them in fee, to them, theire heires and Lawful Assignes as to them shall seem meet forever, Dat. 8: 7: 1699. THOMAS DANFORTH.
I do will that my Executors pay these following legacies :
£. s. d.
To Mrs. Gookin 3. 0. 0.
To Mrs. Corleth 3. 0. 0.
To my Loveing nurs Marrett . 3. 0. o. To Mary wife of Hen. Prentice 3. 0. o.
To Hannah wife of James Turner 3. o. o.
To Capt. Belcher and Deacon Trowbridge each of them 2. o. o.
To my brother Jonathan my best Cloake & Suit of apparel ) o. S. o. and to buy him a ring I. O. O.
To Benj Bohou my servant he fullfilling his Indenture 2. 0. 0.
To John Green .
2. 0. 0.
To Mary Marrett
2. 0. 0.
The whole Twenty four pounds £24.0.0. .
By me THOMAS DANFORTH.
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History of Framingham.
Deeds of Gift yet to be made by me. -
To Daniel Foxcroft of 1000 acres to me reserved in his fathers Deed of Gift of Chebiscodege Island.
To Thos Foxcroft of 14 pt of Buckminster Lease.
To the College 3 Tenements on lease to Benj Whitney, Jnº Whitney, Isaac Bowin scittuate at Framingham, on such Condicons as I shall name.
To Grammer School at Cambridge, 4 acres 12 Marsh Land in Cambridge on Lease to Amos Marrett, on such condicon as I shall name.
To Deacon James Trowbridge a small pt of Salt Marsh below my Dam, and after his decease to his son Jnº Trowbridge in fee.
Lands not disposed of by Deed of Gift but left to my Executors to sell. Three acres of Marsh on East side of the great Creek at ye mouth of the Said Creek. Gm. Simpson of Charlestown occupies it . 30. 00. 0.
19 acres at Lower Falls that I had of Deacon Stone . . 19. 00. 0.
Sundry parcells of medow and swamp Land that ly there abt neer ye falls . 100. 00. 0. 135 Acres at the Farmes unto which the 40 acres by me given to Phillip Field doth adjoin 135. 00. 0.
The orchard that was Bradishes 40. 00. 0.
My Wood Lot at Mils Ware 5. 00. 0. 600 Acres Land at Framingham on Doeskin Hill 60. 00. 0.
160 Acres at Framingham that Jno Green should have had . 16. 00. o.
The provisions and devises of this will, and the terms and reserva- tions of Mr. Danforth's lease to Joseph Buckminster, were important factors in our subsequent history, and will be often referred to in narrating the events of the next fifty years.
Settlers came on rapidly, particularly upon the west side lands, after 1690; so that at the date of Mr. Danforth's death in November, 1699, there were in all about seventy families located in our territory, and a population of near 350 souls. Eleven houses had been built at Rice's End, fifteen on Pratt's plain and Sherborn Row, ten on Mellen's Neck and southward, twelve at Salem End, seven on Pike Row and the road to Southborough, and twelve at North Framingham, includ- ing Stone's End.
A romantic as well as tragic interest attaches to the colony that located at Salem End. As before stated, these families came from Danvers, then called Salem Village, where they were involved in the strange complications and sad results of the witchcraft delusion. Rebecca (Town) Nurse, the wife of Francis, and mother of Benjamin, and Sarah (Town) Clayes, the wife of Peter, were sisters, and were among the earliest of the accused victims and sufferers. They were committed to the prison in Boston March 1, 1692. Mrs. Nurse was the mother of eight children and was an honored member of the old church in Salem. At her trial, the evidence against her was so weak
125
Witchcraft.
that the jury twice failed to convict; but on a third return to Court, because she failed to give satisfactory answers to certain questions which they proposed, they brought her in guilty. It was afterwards shown that from deafness, she had failed to fully comprehend the proposed questions. She was executed July 19, 1692.
The wife of Peter Clayes was tried, and found guilty, and condemned to death. In August, she was committed to the jail at Ipswich, to await execution. Her husband was allowed to visit her in prison, and spent much of his time there. And in some way she found means to escape, and was concealed by her friends, till the removal to Framingham, the next spring. As the witchcraft frenzy abated in the fall of 1692, probably the authorities were not anxious to recapture the fugitive. Mrs. Clayes was the mother, by her first husband Edmond Bridges, of Benjamin and Caleb Bridges, who were of the Salem End colony. It should be said to his credit, that Gov. Danforth was largely instrumental in allaying the witchcraft excite- ment, and stopping convictions by the Court.
CHAPTER IV.
THE TOWN - PETITIONS FOR INCORPORATION - OBSTACLES - OPPOSITION OF SHIERBORN - ACT OF INCORPORATION - THE FIRST MEETING-HOUSE - TOWN OFFICERS - REV. JOHN SWIFT - FORMATION OF CHURCH - SEATING THE MEETING-HOUSE - SCHOOLS -GARRISON HOUSES - INDUSTRIES - NEW HIGHWAYS -TAX LIST 1710. 1699-1710.
HE first movement of our inhabitants towards obtaining an act of incorporation as a town appears to have been made in 1693. The names appended to the following petition, which has an important historical value, are those of settlers at Rice's End, South Framingham, and Park's Corner, except Samuel Winch, Sen., and Stephen Jennings, who lived west of the river and near to Sudbury line. The date shows that the plan was set on foot two months prior to Mr. Danforth's lease of his west side lands to White and Buck- minster. The intention evidently was, to have the centre village of the new town on Pratt's plain ; purchase the Indian lands eastward as far as Cochituate pond ; and obtain by grant or otherwise the " wilderness land," i. e., Danforth's grant, lying to the westward. It is not unlikely that Mr. Danforth was opposed to such a plan, which would insure its failure. 1
" To his Excellency Sir William Phips, and the Honbl General Court now assembled att Boston by adjournment March 2, 1692-3
"The Petition of their Majties subjects now Dwelling upon sundry ffarmes granted in those Remote lands scittuate and lyeing betweene Sudbury, Concord, Marlbury, Natick and Sherborne, and westerly is the wilderness -
" Humbly Sheweth
That your petitioners some of us have there dwelt neer fforty Yeares, And have from time to time Increased our numbers, And more especially of Late, Soe that now wee are about
1 In a paper, signed by some of these men many years later, is the statement : "Those of Sudbury farmers with others remote from meeting, before the Court had taken 'em off from Sudbury and annext them to Framingham, were designing to address the General Court to have been made a separate town: But the Hon. Mr. Danforth making some motion to bring forward a settlement of a town off his Farms in Framingham, it put some stop to their proceeding."
127
The Town Incorporated.
fforty ffamilies, Some haveing built and some building, And wee hope may sincerely say that wee have endeavoured to attend the Worship of God, Some of us att one Towne & some att another as wee best might, butt by Reason of our remoteness, four ffive and some six miles from any Meeting house, Are uncapable to carry our ffamilyes with us nor yett to sanctifie God's Sabbaths as wee ought besides many other inconveniences (Inevitable) in our present circumstances. And there being Lands Adjacent that might well accommodate more ffamilyes lyeing partly in Natick bounds, the Indians to whome it belongs being mostly gone some by death and others removed elsewhere, and our westerly bounds being the wilderness, Soe that wee have a prospect If this Honbl Court shall favour this our humble address, That our numbers will be ffurther Increased, whereby wee may be enabled to carry on the worship of God & have the benefitt of prudentiall order among ourselves
" The Premises Considered
Yor petitioners doe therefore humbly request ye favour of yor excellency and this Honbl Court, That by the authority of this Court we may be made a Township & have the order and privileges that have beene accustomed to others in our circum- stances i. e. Some Easement in our Taxes that wee may the better bee enabled to carry on our publick Town charges; That some addition may bee granted us out of the wilderness adjacent, And in case the Honbl Court shall see reason to Lycence Natick Indians to make sale of any part of their Large Plantation that wee may have liberty to purchase those Lands that will bee accommodable to this place.
" Wee are not ignorant that by reason of the present distressed condition of those that dwell in these ffrontier Towns, divers are meditating to remove themselves into such place, where they have not hitherto beene concerned in the present warr and desolations thereby made as also that thereby they may bee ffreed from that great burden of publick Taxes necessarily accrueing thereby. Some having removed themselves, Butt knowing for our parts that wee cannot run from the hands of a Jealous God, doe account it our duty to take such measures as may enable us to the performance of that duty wee owe to God, the King & our ffamilyes and doe apprehend that if this honoured Court shall see meete to Encourage us herein, the benefitt thereof will redound to the Publick as well if not more than to ourselves.
"And y Petitioners as in duty bound shall ever pray &c.
John Bent John Eams
Benjamin Whitney
Thomas Gleason Sen.
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History of Framingham.
David Stone
Isaac Learned
David Rice
Thomas Pratt
Jonathan Whitney
Simon Millens Jr.
John Whitney
Thomas Drury
Thomas Walker Jr.
Joseph Pratt
Thomas Millens
Oliver Death
John Provender
Thomas Gleason Jr.
Nathaniel Eamms
John Jaques
John How
John Haven
Nathaniel Haven
John Pratt
Samuel Emms
Daniel Bigelow
Samuel Winch Sen.
Stephen Jennings
Simon Millens Sen.
Zachry Padlefoot
March 6, '92-3
" 3d March, 1692-3
Read and sent down.
This Pet" orderly read in this house of Representatives & considered: It is referred to further consideration."
The next move was made two years later by west side settlers, as indicated by the following petition : "The petition of Joseph White and Joseph Buckminster in most humble wise Sheweth :
"Whereas ourselves and sundry more families to the number of about fifty or upward are settled upon the waste lands lying between Sudbury Natick Marlbury and Sherborn ; and as yet have not been orderly settled into a township; but are forced to travaill to the nearest of the meeting houses : some to one and some to another : which is in many respects grievious to them by Reason of their great distance : Your petitioners do therefore on behalf of themselves and the Rest of those families as abovesaid Humbly Request that By the authority of this Court we may have the privilege of an orderly settlement : that we may have a minister amongst us; and God's Holy Ordinances which would prevent so long journeys on the Lord's dayes ; some five and some six miles or more to the nearest meeting House : whereas by such a provision all would be accommodated and the farthest dwellers not above two or three miles to travaill on the Lord's dayes : as also thereby rendering us the more capable to do service to the publique in other Respects : We humbly pray the Court's favorable aspect towards us : and we shall continue humbly to pray &c.
" Read 2 March 1694-5."
At the same time Sherborn made a move looking to the annexation of Rice's End and Pratt's Plain to that town.
The Town Incorporated. 129
The next year the inhabitants of our plantation renewed their petition for an act of incorporation ; but the Legislature put the matter over till the next session. One reason for this delay is probably found in the fact that the Province tax levied on the farmers dwelling on our territory was not paid ; the inhabitants taking the ground that as they were not an organized town or plantation they had no power to assess and collect taxes. To remove this bar, in an Act passed Oct. 19, 1697, for levying a Province tax, it is provided, " that the sum of £12, (as well as the sum of {8, previously levied) herein set forth and proportioned to the Farmes or Precinct called Framingham, shall be assessed upon the polls and estates in said Precinct by the assessors of the adjacent town of Marlborough : and that the inhabitants of said Precinct or Farmes shall have liberty and are hereby empowered to choose one assessor from among themselves to join with the assessors of Marlborough in assessing and apportion- ing the aforesaid sums set upon said precinct, and also to appoint a collector for the gathering in of the same."
At the session in June, 1698, the General Court so far acceded to the request of the Framingham petitioners as to appoint a Committee " to view those lands and the accommodations thereof for the ends proposed, and make a report to the General Assembly, notice being given to the towns of Marlborough Sudbury and Sherborn." This committee made a favorable report; and at the fall session, same year, the House of Representatives passed a bill "For the settling of a town called by the name of Framingham, consisting of all the lands without the bounds of the several towns of Sudbury, Marlborough, Sherborn and Natick, by which the said land is surrounded, according to the several town grants, or any other lands by whomsoever they shall be bounded."
The Council did not concur in the passage of the bill. Perhaps this branch hesitated because of a protest sent in by John Bent (who headed the first petition in favor), Daniel and Nathaniel Stone, and the farmers dwelling around Cochituate pond, who represented that they "had been for a long time united to Sudbury in civil and sacred rights and privileges ; that many of us would be thereby removed half as far again from a publick meeting house for the worship of God than we now are ; besides considering that Framingham was granted as a farm to one person, the same is as such sufficient for what it was granted, and that the purchase thereof was at a much cheaper rate than our Farmes."
Our settlers did not avail themselves of the privilege granted by the Act of October, 1697, of joining with Marlborough in choosing assessors to levy a tax upon their lands. Nor did they make provision.
9
I 30
History of Framingham.
to pay the tax of {16 levied upon their estates in 1698. And at the session of the Court, June 7, 1699, the Province Treasurer sent in the following paper : "Whereas the Town of Framingham are behind the several assessments that hath been set upon them amounting in the whole to thirty six pounds, which they refuse to assess upon their inhabitants, and for this reason as the Treasurer is informed, because they are not a settled township and are incapable to choose selectmen and other town officers : therefore no warrant from the Treasurer can reach them by law. In case there be no way found to come at said sum of £36. of the inhabitants, it ought to be abated, because the Treasurer stands charged with said sum."
To solve the difficulties of the case, in regard to unpaid taxes, and at the same time to meet the wishes of the inhabitants, who, from increasing numbers, and from having built a meeting-house, were becoming a power in the province, the following bill was reported to the House of Representatives: "An Act for granting a Township within the County of Middlesex to be called Framingham -
" Whereas there is a certain tract of land commonly called by the name of Mr. Danforth's Farme, and other Farmes adjacent that do not belong to any other town by a former grant, lying between the Bounds of Sudbury, Marlbury Sherborn and Natick, extending about six miles square, be it more or less, being a convenient Tract for a Townshipp & about forty Familys already settled thereupon -
" For the Better Encourigement & Settlement of the said Planta -. tion -
" Be it enacted by his Excellency the Govr Counsell & Representa- tives in Generall Corte Assembled & By the Authority of the same
"That henceforth the said Tract of land as above described & Bounded by the Bounds of the Townshipps of Marlbury Sudbury Sherborn & that place called Natick (No ways to intrench upon either of their rights) Bee & shall bee a Townshipp & called by the name of Framingham & shall have & injoy all such immunities privileges and Powers as Generally other Towns within this Province have & do by law injoy ; Provided it be not in the prejudice of any former grant ; and to supply themselves with all town Officers & with an able and orthodox Minister: and for Encourigement towards their building a Meeting house, for the worship of God amongst them they are allowed out of the publique Taxes already layd on them the sum of thirty six pounds which is yet in their hands, and are hereby allowed and impowered to make choice of Assessors and Collectors to assess and collect said sum or sums of money on the inhabitants Respectively according to law to be improved for the ends aforesaid. And that
I3I
The Town Incorporated.
they shall pay to the maintenance of the Ministry in other towns as formerly Untill they have a Minister of their own.
" House of Representatives
June 27, 1699. Read twice
Read a third time & passed
Sent up for concurrence.
JAMES CONVERSE Speaker
" Read in Council July -
& referred to further consideration, & a Plat of the land then to be presented made by a sworn surveyor
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