USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register > Part 15
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Is. ADDINGTON Secry."
The survey and plot ordered by the Council, is thus inscribed : " This Plot represents the form and quantity of a parcel of land commonly called Framingham as it was taken and finished in October 1699 ; the spots in the plot representing the several houses already built there
pr JNO. GORE Surveyor."
The original plot is preserved in the State Archives; and an enlarged copy, heliotyped, was published by the town in 1877.
This survey and plot, which, of course, conformed in general to the wishes of the petitioners, disclosed the exact boundary lines which were to be claimed for the new town. And this boundary, on the southern side, trenched on lands which were greatly coveted by Sherborn, and the dwellers on which lands had for twenty years possessed certain civil and ecclesiastical privileges in said town. The following remonstrance, which explains itself, was promptly sent to the Legislature :
"To his Excellency Richard Earl of Bellomont,
" May it please your Excellency and the Honed Councell & Repre- sentatives.
" In the first beginnings and Settlement of the Towne of Sherborne the only and principall benefitt and previlidge which the ancient inhabitants, then (known by the name Bogustow neer Meadfield) did propose to themselves, was to have the Meeting neer them, and accordingly it was agreed and determined that the place of the meeting should be neer Mr. Hull's Farme, a place well known, and notwith- standing it passed under a threefold settlement, yet there could be no rest, quiet, or settled peace in said Town, until the place of the Meeting House was moved neer two miles farther from the Old Inhabitants, Only to accomodate the Inhabitants at the north ende of the Towne of Sherborne next Mr. Danforth's Farmes ; who are now endevoring to draw off from Sherborne, and to Joyne with Framingham, which we humbly Conceive is very unreasonable ; viz. I. Because the ancient Inhabitants which have borne the brunt of the charges have condesended for the ending of strife to meet them
I32
History of Framingham.
half way. 2ly. The accomodations for settleing a Meeting House where it was first stated is gorn and cannot be recalled. 3ly. The Towne of Sherborne is very much dissenabled for the settlement of new Inhabitants, because that a great part of the Southwest end of our Towneship is granted to the Indians of Natick in way of Exchange for that very land which they now live upon; which was never assigned by Sherborne to build up another Township. 4ly. Those Inhabitants have already taken up in Sherborne in way of divident neer five hundred acres of land. 5ly. If they be taken from us it will disenable us to make good our ingagement for the maintainance of our Reverent Minister. and finally it will be a meanse and leading cause to the brakeing up of the Towne of Sherborne." 1
The next spring the following papers were sent to the Legislature :
" To the Honble Council of his Majties Province of the Massachusetts Bay-and to the House of Representatives convened in General Assembly.
"A Representation of John Samuel Nathaniel Eams.
" Relating to the lands they now possess.
" Humbly Showeth,
"That the Town of Sherborne have their complement of their four thousand acres of Exchange Lands with Natick, and near a thousand acres overplus (as is to be seen in Sherborne town-book), our lands being rejected and left out of said exchange, as it is described, platted and bounded. And we do humbly conceive that although by virtue of Nonantum grant, Sherborne had liberty to take in our lands into their four thousand acres-yet our lands being rejected and left out of said Exchange, and being left out of the returne of said Exchange to the Court, and the Court confirming said Exchange lands to Sherborne without our lands (which was the last confirmation of Exchange Lands to Sherborne), that therefore Sherborne have no right or title to the soyle of our lands - but that our lands do yet remain in Natick."
John Emmer Nathanael Camms Jam: Emms
"To His Excellency Richard Earl of Bellomont Captaine Generall and Governour in Chief of his Majesties Province of the Massachusetts Bay in New England &c.
1 State Archives, CXIII. 237.
I33
The Town Incorporated.
" And the Honoured Court now assembled in Boston.
" We under-written, do humbly petition that agreable to our former petition to the Honoured Court, relating to a Towneship, we may now be heard in a few things -
"I. Inasmuch as our former petition hath been so far considered by the Honoured Court, as that the Lower house have seen good to grant us, and your Honors have seen good to order us to Procure a Draft of the place we petitioned for Drawn by a sworn surveyor, we have faithfully obeyed your orders herein. -
" 2. In which plot we have not knowingly taken in the lines or bounds of any Towne, only according to our Petition, that if the Indians were permitted to make sale of any of their lands, that then we might have the refusal of those scrips of Land that interfeer upon us; agreable hereunto we have run the line cross some small bitts of Indian land, which otherwise would have made the line very crooked, which now is strait - which thing is plainly specefyed in the Plot, and the surveyor can inform your Honours therein : and if so be that any Town shall charge us with running in upon their lines or bounds, we humbly desire that your Honours would cause them to produce the plot of their Township, which will plainly evidence the contrary. -
"3rd. Inasmuch as that for a long time we have lain under an heavy burden as to our attendance on the Public Worship of God; so that for the most part our going to meeting to other places on the Sabbath is our hardest days work in the week, and by reason of those difficulties that attend us therein, we are forced to leave many at home, especially our children, where to our grief the Sabbath is too much Profaned, and being desireous to Sanctify the Sabbath as to the duty of rest required, as far as we can with conveniencey; These motives moving us, we have unanimously built a Meeting house, and have a Minister among us, & we now humbly Petition to your honours to countenance our Present Proceedings. We contain in the Plot we have taken, above three hundred & fifty souls, whereof not above a quarter part can constantly attend the worship of God in other places, by reason of the length & badness of the ways; and we could have taken others in our plot, that are out of the bounds of any Town but we would not deprive others of that Priviledge we petition for. Those families specifyed in the Plot are not in the bounds of any town, & are some four, some five, some six, some seaven miles from any other meeting, and very few of them above two miles distant from the Meeting house which we have built among ourselves.
" 4th. And whereas some do say that Sherborne Town can not raise their ministers salary without some of these families which ly next to Sherborne Town, we desire to inform your honours, that they
I34
History of Framingham.
never raised their ministers salary by reason of us, and none of them can say but that they are abundantly more able, now without us, than they were at first with us, and now their meeting house is built, & their minister settled among them, and they contain more than three score families.
"5th. And whereas some of Sherborne do say that their Meeting house was placed to accomodate Some of these families, we desire to inform the Honoured Court that Sherborn meeting house is placed considerably nigher to the other side of the town bounds opposite from us, than tis to that side next to us ; and it stands as nigh as can be thought in the center of those families which are in Sherborne Town, without respecting us who are out of their Town; we had no hand in the settling of their Town, and do humbly petition that we may not be so burthened to gratify their wills, as we are able to subsist by ourselves.
" We desire to inform the Hond Court, that we never had any voice in petitioning for Sherbourne Township, and do demonstrate farther that Sherborne Meeting house was not moved a mile & half to accomodate any of us as they say ; their pastor's house was erected & his lot laid out before their meeting house was erected, and their pastor goes now half a mile to meeting, towards the other side of the town opposite from us ; and if their meeting house had been a mile & half further, he must have gone two miles, which is irrational to conclude that he should go so far to meeting.
" 6th When Sherborn was granted to be a Township, the Hond Court obliged them to settle twenty new families among them ; and we fear that the Hond Court takes us for some of those families. It was for their sakes, if for any, that the minister is settled as he is, and the meeting house placed as it is.
"7th And as for what priviledge we have received from Sherborn, we have paid at an excessive rate for it. Seaven years after the settlement of the Town, we could have bought as much of the same land for half the money that we gave for the settlement of the Town, & the meeting house & pastor's house : -
" And as for what lands we have in Sherborn, we are contented that they should do duties to Sherborne.
"8th We petition neither for silver nor gold, nor any such worldly interest, but that we may have the worship of God upheld among us & our children ; for this we do humbly repair to His Right Honorable Lordship & Most Excellent Governour, under the shaddow of whose wings we rejoice that we may rest for Patronage & Protection ; and all of the Honoured Court now sitting, the fathers of our land, to whome we humbly Petition to consider and do for the enlargement of
I35
Order of Incorporation.
the Kingdome of our Lord & Saviour, Jesus Christ, for the good of our souls & the souls of our Children, that we may not be like the Heathen- & be pleased to grant us to be either a Township or Congregation.
"Finally, if any of Sherborne or for Sherborne or any other Town shall pretend anything to the Hond Court, which may tend to the hinderance of a grant of our petition, by reason of those many false informations that have been carried in to the Hond Court to deceive -we humbly Petition that we may have admittance to speak for ourselves.
Jos Buckminster- Peter Clayes Thomas Akiky
JOHN EAMS JOHN HOW ISAAC LEARNED
in the behalf & by the consent of the rest. 1
The foregoing paper was presented to the General Court about the middle of June, and this statement of facts and reasons, together with the representation of the brothers Eames, and the failure of Sherborn to produce the plot of their Township, seems to have led the Council, which so far had blocked the way of the petitioners, to take more decisive action.
June 21, 1700, the Council passed an order "for making the Plantation called Framingham a Township," which was sent down for concurrence to the House of Representatives, properly endorsed by " Is. Addington, Secy.
"June 22. In the House of Representatives, Read.
"June 24. Read, and voted in concurrence.
JOHN LEVERETT, Speaker."
The order is in the words following, viz :
Upon a full hearing of the matters in difference between the town of Sherborn and the inhabitants of the plantation of Framingham, containing all that tract of land formerly granted to Thomas Danforth Esq., next adjoining to Sherborn upon the North and Northerly
ORDERED That the said Plantation called Framingham, be from hence- forth a Township, retaining the name of Framingham; and have and enjoy all priviledges of a Town according to law: Saving unto Sherborn all their rights of land granted by the General Court to the first inhabitants, and those since purchased by exchange with the Indians of Natick, or otherwise,
1 State Archives, CXIII. 221.
I36
History of Framingham.
and all the Farms lying within the said Township according to former grants of the General Court.
Consented to BELLOMONT. 1
June 25, 1700.
This " Order," which went through all the requisite stages in the legislative and executive departments, is our Act of Incorporation. If it was the intention of the General Court to make the terms of the order indefinite and elastic, that object was successfully accomplished. No bounds of the territory, or other specific description is given; and no provision for immediate town organization is made. Sherborn was secured in all her territorial rights by the saving clause, which was a simple act of justice of which no party could complain. But the decision as to what those territorial rights were, was left open to future legislation and the Courts.
Our settlers at once took steps to ascertain where they belonged. July 4, a petition signed by Thomas Drury, David Rice, Thomas Walker, John Pratt, John How, and Joseph Pratt, in behalf of the rest living at Rice's End, was presented to the Court, praying that they may be laid to Framingham. And the next day an order was passed as follows: "Ordered, that the Petitioners, and other the Farmes lying betwixt the northerly end of Cochitawick Pond and the line of Framingham be laid and annexed to the town of Framingham, and enjoy all immunities and privileges with the other the inhabi- tants in said town, and that they and their estates be liable to bear a proportion of charge in the said town."2
On the same day, John Eames "in behalf of himself and his brothers living on the lands formerly granted to their father Thomas Eames deceased," presented a petition to the Court, representing that, while the terms of the "Order for making Framingham a Township" seemed to place their lands as reserved to Sherborn, yet, "under- standing that this Honourable Court thereby did not intend that the soil of the said Eames' land, should belong to Sherborn, and that Sherborn have declared the same - Butt inasmuch as Sherborn hath formerly molested them about the soil of said land, and since the abovesaid order have threatened to lay claim thereto
"Your petitioner doth therefore humbly pray that this high and honourable Court will please to cause a record to be made, that the soil of the aforesaid lands may be accounted and reputed the said Eames' freehold, to prevent further trouble concerning the title thereof."
The House of Representatives promptly passed a bill in accordance with the prayer of the petitioner; but it was held in abeyance in the Council.
1 Manuscript Court Records. 2 lbid.
I 37
Remonstrance of Sherborn.
At the same time, Joseph Buckminster and John Town, in behalf of the inhabitants of Framingham, sent in a petition, asking whether both the lands "purchased " by Thomas Danforth, as well as those lands " granted " him by the General Court, were comprehended in the order of June 25. The answer to this would require the Legislature's decision as to the bound lines of Sherborn between said town and Framingham, except so far as the Eames' land was concerned. And Sherborn at once responded, as follows :
" To the Honable Willm Stoughton Esqr Lieut Govr and to the Honable Council.
"The Representation of the Selectmen of Sherborne (in the behalfe of sd Town)
" Humbly Sheweth,
" That whereas in the House of Representatives a Bill is passed relating to the bounds betwixt Sherborne and Framingham, and also another Bill upon Eameses Petition for the soyle
" And forasmuch as it will be a great wrong and injury to said Town of Sherborne and very much tend to the breaking up thereof if those Bills should pass to be enacted, because it will take off from the Northerly side of said Sherborne more than one mile in breadth, wherein is contained 17 families or householders, neer a third part of said Towne of Sherborne, severall of whom have largely shared in devisions of lands in Sherborne, and by their restless indevors have obtained the Meeting house halfe way betwixt them and the ancient inhabitants neer two miles distant from the place first stated and the inhabitants of said Sherborne haveing had Court grants and confirmations of said tracts of lands, viz. at Nonamtum Janry 24th 1676, at Boston May 28, 1679 and May 30: 1679, and in May 29; 1700 and also the Charter Confirmation; which said land hath bin in possession of the said Town of Sherborne 21 years.
" It is therefore Humbly prayed in the behalfe of said Towne of Sherborne that the affaire of those Bills may be deferred until the Complts be heard touching the same.
JOSEPH MORSE BENONI LARNED MOSES ADAMS THO. SAWIN
Selectmen of Sherborne." 1
This remonstrance killed the bill which had been passed by the House, to confirm to the Eames brothers " their freehold rights in the soil" of their father's grant, the enactment of which would have released said lands from liability of taxation by Sherborn, and left the owners free to go to the meeting-house in Framingham.
1 Mass. Archives, CXIII. 301.
I38
History of Framingham.
But Buckminster and Town's petition prevailed. And July 11, is the record :
For explanation of the Order relating to Framingham
RESOLVED AND ORDERED That all the lands belonging to Thomas Danforth Esq. as well by purchase as by Court grant at the time of settling of Sherborn in May 1679, and excepted in the Court's confirmation of the Township of Sherborn, be and belong unto Framingham :
And That the inhabitants of said Town of Framingham do convene and assemble at their meeting house on the first Tuesday in August next, and then and there make choice of selectmen and other town officers, to serve until March next, at which time the law appoints the choice of Town Officers.
Consented to BELLOMONT.
The new town was thus established, and all questions of boundaries settled, except as to the jurisdiction of the Eames grant, and the line on the northeast next to Sudbury. This last named bound was fixed by an order of the General Court dated June 6, 1701 : " Ordered, that the line between Sudbury and the farmes annexed to Framingham, as set forth in the Plat exhibited under the hand of John Gore, be and continue the boundary line between the said farmes and Sudbury forever, viz: from the northerly end of Cochittwat pond to the bent of the river by Daniel Stone's, and so as the line goes to Framingham and Sudbury line."
The territorial status of the Eames land remained unsettled.
FIRST TOWN MEETING. - " At a town meeting in the Town of Framingham, August the 5, 1700, legally warned, then and there were chosen, Joseph Buckminster, David Rice, Thomas Drury, Jeremiah Pike, Peter Clayes, Sen., John Town, Daniel Stone, selectmen; Thomas Drury, town clerk; Simon Millen, Thomas Frost, consta- bles; John How, Joseph Buckminster, Benjamin Bridges, assessors; Thomas Walker, town treasurer; Abial Lamb, Sen., commissioner ; John Pratt, John Haven, Peter Clayes, Jr., Samuel Winch, surveyors of highways."
SECOND ANNUAL TOWN MEETING. - " At a town meeting in Fram- ingham, March the 3, 1701, legally warned, then and there were chosen, Thomas Drury, town clerk; Thomas Drury, David Rice, Jeremiah Pike, Sen., Abial Lamb, Sen., John Eames, John Adams, John How, selectmen ; Joshua Hemenway, constable for the west side of the river, and Thomas Pratt, constable for the east side of the river; Thomas Drury, John How, David Rice, assessors ; John Whitney, Jeremiah Pike, Benjamin Nurse, John Bent, tythingmen ;
I39
Troubles with Sherborn.
John Shears, Thomas Walker, Nathaniel Haven, Benjamin Bridges, surveyors of highways; Peter Clayes, Sen., town treasurer; Abra- ham Belknap, clerk of the market; John Pratt, Isaac Bowen, Peter Clayes, Jr., Isaac Clark, fence viewers; Samuel Barton, Benjamin Whitney, Joseph Pratt, George Walkup, swine drivers ; Peter Clayes, Sen., grand juryman; John How and David Rice are the men to receive the contribution for Mr. John Swift's salary for the year ensuing. John How and Jeremiah Pike, Sen., are the two men to go down to assist our ronged neighbors at the Quarter Court, to be held at Charlestown."
The "ronged neighbors" referred to in the last vote, were the dwellers on the disputed territory, viz., the Eames land. And as this dispute with Sherborn, already narrated in part, was a root of bitterness which greatly troubled our town fathers, and retarded our town growth, for the coming ten years, the leading facts and the ultimate result may best be given in this connection.
Sherborn levied a tax on the families living on Sherborn Row, in the spring or summer of 1700, and in the fall proceeded to collect the same by legal process. Framingham interfered, as the following town action shows: " At a town meeting held Dec. 10, 1700, Voted, that as we apprehend that Sherborn sessors have rated part of our town of Framingham, that we the inhabitants do engage to defend them ; and those of our grieved neighbors do engage to bear an equal proportion as to all charges that may arise upon a suit at law. Chose Joseph Buckminster, Isaac Learned and John Haven to discourse with a lawyer, etc." The vote of Mar. 3, 1701 (just quoted), was only carrying into effect this previous engagement.
Framingham was desirous to have the matter brought at once to a final issue; and a petition of the selectmen, asking for a settlement of the line between Sherborn and Framingham, was presented to the General Court at the spring session ; and on June 11, 1701, Stephen Francis of Medford, Josiah Converse of Woburn, and John Ware of Wrentham, were appointed a committee "to go upon the place and settle the lines between the towns of Sherborn and Framingham, according to the order of the Court in June 1700; also having regard to all former grants relating thereto; And that each town present a plain and true Plat of their respective Townships."
This committee discharged its duty, so far as appears, impartially, and made a report to the legislature. This report is here copied in full, as the best statement of the case extant.
" Persuant to an order of the Genrl Court dated June II : 1701, Viz. that a comitee go upon the place and settle the line between Sherborne and Framingham from the North part of Cochituate Pond to Mr.
140
History of Framingham.
Danforth's land, also having regarde to all former grants relateing thereto and made legal - We whose names are hereunto subscribed being the comite apointed, having notified the respective Towns, viz. Sherborne and Framingham, Met at the hous of Mr. John Eams upon June the 19: 1701, when persons from both Towns apeared in their Towns' behalfe. That which the Comitte desired was (I) That both Towns should shew what they claimed ; (2) The reason which they had to shew. Whereupon it was agread by both Towns that Sherborne should first shew their line. Whereupon the Comitte attended them to a white oke tree which had ben marked. The Comitte inquired whether that tree was owned by boath Towns? Framingham denyed it, and affirmed that it never had marked or preambulated as the law directs ; only Mr. Fairbank and som others had marked it, and at the same time was forwarned by the owner of ye land of which it was a bound marke. Then Sherborne led the Comitte along by a crooked line to another marked tree, which Sherborne said was a bound tree of Mr. Stone's farm, and that Mr. Stone was there with them when they marked it. From thence they led the Comitte to a river near the Metting Hous of Framingham, as we thought about 30 pole from said Metting Hous, and so along up the river Westward as the river runs and acording to the various turnings of, till at length night drew on. Coming to a small brook coming out a pond, said Sherborne men were at a loss, not knowing which way to goe ; but after a long debate, it growing late the company went to Mr. Eams hous ; And that evening there was dischorse of the business in hand so long as boath Towns were present & no longer. It was that evening by the comitte desired that Sherborne men would shew the platt of their 4000 acres of exchange land with Natick, it being thought the nerest way that justice might be don. It was then attested they had the platt of said land, and they gave incouragement of bringing it with them the next day, tho' not a promis. The Comitte being willing to have all the information that they might, yet fearing that Sherborne would not be willing to bring their platt, sent two messengers in the night to their clarke praying that they might have a sight or copy of their plat for their money. The answer which the messingers returned was, that the clarke said he must be with the comitte the next morn- ing, and that it would take him several hours time to draw it out, and that he could not get time to doe it.
"In the morning boath Towns being convened, we went with Sherbun to perfect what was left the day before. Sherbun brought a man : viz. one of Mr. Danforths tenants, who said he knew the line ; and led the Comitte to a great pine tree, and said that in time past an Indian tould him that was the line, which line takes in a considerable part of
I4I
Troubles with Sherborn.
Mr. Danforths land, as Sherbun informed us. That being finished the comitte went then with Framingham men, who led the Comitte to a place called Beaver Dam, and there shewed an old bound marke of Mr. Danforths land, which tree stood on the north side of the brook about three or four pole. The Comitte then demanded of Sherbun whether the platt of their 4000 acres of exchange land with Natick comes to said tree? Sherbun answered the Comitte, No, it did not come so far. The Comitte then inquired of them whether they come over the brook? They answered, No. It was again inquired of Sherbun men whether a line to Cochituate Ponds would interfere or touch upon the line of said 4000 acres? Sherbun answered No. Then the Comitte went with Framingham men from markt tree to markt tree on a line till they came past the land in controversie. Then retiring to Mr. Eams' hous, it was then by the Comitte desired that each Town should make out their claims; Sherbun desiring Framingham to begin: The first order which Framingham shewed being only signed by the clarke, whereupon Sherbun rejected it as a thing of no value, it not being signed by the secretary. Sherbun having said order signed by the secretary, it was desired that they would shew it; but no arguments could prevail -: whereupon the Comitte being desirous that right take place, and neither Town should suffer for want of an order which happened to miscarry ; and that all things might apear plain and above board, adjourned their meeting to Monday following at Mr. Church his hous at Watertown, where all persons concerned, according to apointment, met. That day was spent in hearing boath Towns, their grants, deeds, pleas, and argu- ments. Night coming on, and the Towns presenting no more to the Comitte, said Comitte dismissed both Towns, and agreed to meet at Boston on Thirsday next, being June 26 : 1701 : Who accordingly mett, and having their papers, spent that day in considering of their orders and grants particularly over and over, and finding that said land in contriversie was, in answer to Thomas Eams his petition was granted to Sherbun to be included in the exchange land with Natick, But finding that when Sherbun did perfect their plat of Exchange lands with Natick, which was confirmed to Sherbun as it was described, platted and bounded, said land came but to Beaver Dam, and so the land in contriversie was excluded. Hence the Comitte looked on the land in contriversie (they neglecting or refusing to take it, and making up their complment of 4000 acres without it) not to be Sherbun land, but Natick land. The Comitte perusing a return of a comitte who thought it best, all things considered, that the persons on the lands in contriversie should lie to Sherbun, there to doe duty, and there to record benefit : and ye comitte finding that they have there done
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