History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register, Part 18

Author: Temple, J. H. (Josiah Howard), 1815-1893
Publication date: 1887
Publisher: Framingham, Pub. by the town of Framingham
Number of Pages: 822

USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register > Part 18

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The road following the early bridle-path from Daniel Mixer's (Addison Belknap's) to the meeting-house, ran nearly as now to the

16I

Highways.

Freeman place (E. P. Travis'), and thence through Temple street, to the Salem End road at the brook south of R. W. Whiting's. In 1721, the way from C. J. Frost's to this corner was re-located, by carrying it a little to the north so as to run near the line of Rev. Mr. Swift's land which he purchased of Ebenezer Singletary, to the end of Mr. Swift's said land, where is a stake and stones, which is also Benj. Ball's corner boundary, which is as well to accommodate the road leading from said Ball's to the meeting-house, as also a road towards Marl- borough. And Nov. 3, 1723, a town road was laid out, two rods wide, from Mr. Swift's corner, just named, to and through Temple street to Lieut. Samuel How's (the Nathan Goddard place).

Feb. 26, 1722. Road from near Salem End school-house, southerly, " beginning at the highway which leads from Samuel Lamb's to the meeting-house, and running southerly, two rods wide, where the lane now runs, on the east side of Ebenezer Harrington's line to the bound between said Harrington's land and the land of John Drury, and then between the lands of said Drury and Harrington, till it comes to the south end of their lots, to common or unimproved lands ; thence to the land now or formerly of Ens. Jona. Rice (the Badger place) and then by marked trees till it comes to the common or unimproved lands which lye southerly of said Rice's land."

Dec. 24, 1722. "After debate had upon Messrs. Samuel and Nathaniel Eames their proposals relating to Beaver Dam bridge, it was voted, that a town highway shall lye and be as now occupied to Beaver Dam bridge, and so through to Sherborn line: and that the bridge be continued where it now is." Feb. 4, 1725, "laid out a highway for the use of the town, on both sides of Beaver Dam bridge, as follows: beginning at a tree marked with the letter W upon Sherborn line (as it is called), Oliver Death being present and declaring that the way should lye easterly of said tree, we accordingly measured two rods east and set up a stake; then we went to a heap of stones which the said Death acknowledged to be his bounds and said that the way was formerly laid on the west of said heap of stones. We then measured from there and found it two rods to Eames' line where stood a marked tree which we made a boundary of said way. Then making a bow into Eames' land, Corp1 Eames being present and consenting to give the land, thence to the foot of the bridge, thence a straight line to another W tree standing near Beaver Dam bridge, which tree is the tree where Sherborn men began to lay out the way more than 40 years ago, as Ens. Death informs us, then by marked trees to a town way formerly laid out." In 1749, Benjamin Whitney deposed, " that he had known the way from Framingham to Sherborn for 60 years, and that the said road and bridge over Beaver Dam brook was always the same as now."

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History of Framingham.

1723. "Laid out a town highway from the county road leading from Sudbury to Marlborough, to a town highway which leads from John Shears to the meeting-house; beginning between lands of Thompson Woods and John Parmenter, each giving one-half of said land, then through said Parmenter's land, and Col. Buckminster's land, and Thompson Wood's land, and Robert Jennison's land, and Nathaniel Wilson's land, and Jona. Jackson's land, and Stearns' land, and Joshua Eaton's land to the other highway, all parties consenting."

" April 26, 1731. An highway laid out from James Clayes' house (north of Leander Barber's) as the way is now occupied as far as the lane goes, then to John Nurse's land, and so on the north side of said Nurse's orchard, so to the north side of his Norwest corner marked tree, thence as the road is now occupied by marked trees to Southborough line."

Nov. 27, 1732. "Relocation of road from the old John Adams' house over Cochituate brook and eastward: beginning at the house of John Pierce, so running easterly over Cochituate brook as the road is now occupied till it comes to the northwest corner of Stephen Jenning's cornfield, so straight over said field to a tree which is a bound between said Jenning's and Thomas Kendall, so running easterly on said Kendall's land as the line runs between said K. and said J. till it comes to said Jenning's east corner mark, then continuing to the road that leads from Rice's End to Sudbury line. Also an highway from the house of Ebenezer Stone northeasterly as the way is now used till it comes to the land of Thomas Kendall, so by marked trees through said Kendall's land to Stephen Jenning's corner mark, said mark standing on the Indian Graves (so called), then to Sudbury line as the way is now used - said road to lye on the east side of said marks - said road to be two rods wide."

" Mar. 25, 1734. The highway leading from Jona. Jackson's through Timothy Stearns' land to Joseph Maynard's, as it is now occupied, was accepted by the town."

These comprise the leading public highways, so far as the town records show, which were laid out up to 1735, when the second meeting-house was built.

INDUSTRIES. - The earliest corn and saw-mills have been described in Chapter I. Mechanical trades came with the first settlers. Thomas Eames was a mason and brickmaker; Isaac Learned, cooper, was here as early as 1679; John How, carpenter, 1689; Isaac Clark, carpenter, 1692 ; Caleb Bridges, bricklayer, 1693; Benjamin Bridges, blacksmith, 1693; the wife of Joseph Trumbull, weaver, 1693; Jere- miah Pike, spinning-wheel maker, 1696; Joseph Buckminster, tanner,

163

Industries.

1703; Jona. Rugg, blacksmith, 1704; Jonas Eaton, carpenter and bricklayer, 1706; he afterwards built tan-works; John Singletary, cooper, 1709. Ebenezer Hemenway, weaver; Ebenezer Boutwell, tinker, Joshua Eaton, tanner, were here early,

TAX . LIST. - Each man's proportion to a Tax of Ten Pounds to procure a stock of Ammunition, June 27, 1710.

The town was then divided into two constables' wards; the East ward took in all the inhabitants east of Sudbury river and south of Stoney brook; the West ward took all north of Stoney brook and west of Sudbury river. In the following list, the names of the East ward settlers begin with John Bent and end with Nathan Haven; the rest belong to the West ward.

Shil. d.

John Bent

John Haven

David Stone

02 02

Elkanah Haven

Jonathan Rice

05 03 James Coller

Dea. David Rice

02 08 Mr. Savil Simpson

Thomas Drury

Thomas Mellen

Thomas Walker

02 06

Simon Mellen

Caleb Drury

02 00

John Jaquish

OI 00

Thomas Stone

00 IO

Philip Pratt

John How

John Provender .

Samuel Stone

OI 04

Samuel Holland .

John Pratt

02 04 Samuel Barton

Joseph Pratt

Benjamin Ball

David Pratt

Benjamin Nurse .

Jonathan Pratt

James Travis

Thomas Pratt

Ebenezer Harrington 00

Daniel Pratt

Peter Clayes

John Gleason

James Clayes

Thomas Gleason

John Nurse

OI 04

Isaac Gleason

Jonathan Provender

Zachariah Paddelford .

Caleb Bridges

John Eames

Daniel Eliott

John Eames, Jr. .

Daniel Elliott, Jr.

John Death

Jonathan Rugg

Samuel Eames

John Singletary .

Nathaniel Eames

Samuel Lamb

Nathaniel Haven

Jonathan Cutler .

John Whitney

John Death, Jr.

Moses Haven

08 Ebenezer Pratt

Benjamin Bridges

Jabesh Pratt

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History of Framingham.

Shil. d.

Shil.

Isaac Learned, Sen. . 03

Samuel Winch

·3

John Adams

David Winch

Nathan Haven

Michael Pike

Jeremiah Pike

Capt. Joseph Buckminster 04 04

William Pike

Dea. Daniel Stone

James Pike

Nathaniel Stone

John Jones

John Stone

Abraham Belknap

Edward Wright

Thomas Frost

John Town

Samuel Frost

Israel Town

Isaac Clark

John Bruce

Joseph Sever

Amos Waite

Daniel Mixer

Jonas Eaton

Benjamin Willard

George Walkup .

Benjamin Provender

Joseph Wetherbee

Philip Gleason

Jonathan Lamb .

Caleb Johnson

John Shears

Nathaniel Wilson

Thompson Wood

Nathaniel Wilson, Jr. .

Abial Lamb

Dea. Joshua Hemenway

Samuel Frisell

Samuel How

Joseph Parker

Matthew Gibbs

John Wood

John Frost

TABLE showing the relative valuation of the four neighboring towns by their proportions of the Province Tax, in the years specified. Marlborough then included Southborough, Westborough and North- borough ; Sudbury included Wayland ; Sherborn included Holliston.

1700

1703

1708

1717

Marlborough

£ 54

£ 123.5

£250.10

1710 £250.10 251

£138.4

Sudbury

76.1

124

251

112.9

Sherborn

69.10

139

114.8

59.15

Framingham

42.5

114.II

72.18

Joseph Gibbs

02 Ephraim Town

John Gibbs

Samuel Gibbs

Isaac Heath

Benjamin Neland

Thomas Frost, Jr.

1704 £246.10 2.48

Ichabod Hemenway

CHAPTER V.

DARK DAYS - DUTIES OF TOWN OFFICERS - EMIGRATIONS - BILLS OF CREDIT - HOW COL. BUCKMINSTER DISPOSED OF THE COMMON AND RESERVED LANDS - MEETING-HOUSE LAND - THE NECK - THE SIX HUNDRED ACRES ON NOBSCOT - FATHER RALLE'S WAR - THE SECOND MEETING-HOUSE - ATTEMPTED DIVISION OF THE TOWN - REV. MR. SWIFT - NEW FRAMINGHAM - REV. MATTHEW BRIDGE - ORGANIZA- TION OF THE SECOND CHURCH - REV. SOLOMON REED - OLD FRENCH AND INDIAN WAR - GREAT SICKNESS - LAST FRENCH AND INDIAN WAR - BRINLEY FARM - TEMPERANCE - COLORED INHABITANTS - INDUSTRIES - TAVERNS - HIGHWAYS - POPULATION. 1710-1763.

HIS chapter covers what may be termed "The Dark Days " of our town's life. As stated in an earlier chapter, Framingham lands were taken up by families and clusters of families, each with ties of its own, and with no previously formed and common associations to bind them together as a community. There were no less than six independent centres of interest and influence, to be drawn together and harmonized, in order that the new town might become, in the true and best sense, one body.

The Stone families, influential from numbers. from large landed estates. and social position, as well as control of the principal water- power, stood aloof from both civil and ecclesiastical affairs, as appears by the following vote on the town records: " Voted, in town meeting, that Joshua Hemenway and Thomas Mellen should go and entreat the Stones to join with us."

There were disaffections in the church, which led to the calling of ecclesiastical councils; to the withdrawal of a considerable number of members, who joined the church in Hopkinton; and ultimately to the formation of a second Congregational church.

There were sectional jealousies, which cropped out and burned fiercely when the project of building a new meeting-house was brought forward.

But the main source of frictions and antagonisms was the cupidity of the principal lessee of the Danforth lands. Indeed this last was probably the real cause of the dissensions in the church, and the quarrel about the new meeting-house site.

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History of Framingham.

The consistency and truth of history require that these things be told; otherwise the cotemporaneous and subsequent annals of the town and church are an inexplicable mystery. But the writer will be fortunate, if he shall succeed in giving the facts in the case, so as to do injustice to no individual or party, and yet furnish a true and finished picture of the times.

DUTIES OF TOWN OFFICERS. - The moderator of a town meeting, in addition to his duty of presiding, was required to keep minutes of the action and votes of said meeting, and report the same to the town clerk, who copied the minutes into the town book. The selectmen had the whole charge "to order the prudentials of the town;" generally acted as assessors; often as town treasurer. The constables were required to warn town meetings, keep order, and collect the taxes. And they were held responsible for the full amount of each man's rates, in their several wards, and their property was liable to be distrained for any delinquency in collections. At least one such officer was committed to prison, and kept there a long time, for such delinquency. And when chosen by the town, a constable must serve, or pay a fine of five pounds, unless the town could be induced to excuse him, which was not often done. The inhabitants were called together in town meeting " to give in the invoice of their polls and all other ratable estates unto the selectmen." Town meetings were com- monly warned by posting up a notice in the public meeting-house; but on special occasions, by the constables going from house to house.

EMIGRATIONS. - The same spirit of adventure, and hope to better their condition, which brought families upon our soil, led them, to seek new homes where new towns were projected. In 1713, the following names are found among the grantees of Oxford: John Town, and his sons Ephraim and Israel; Daniel Elliot, and his sons Daniel and Ebenezer; Isaac, Jr., and Ebenezer Larned; Thomas Gleason, Benjamin Nealand, Abial Lamb, Jr., Samuel Barton, Hezekiah Stone. John Town, Abial Lamb and Samuel Barton, were dismissed from our church, to found a church at Oxford, 1721.

At the incorporation of Hopkinton, or soon after, Joseph Haven, John Hood, James Coller, Nathaniel Pike, Henry Mellen, Samuel Streeter, John Butler, James Wilson, John How, and others, removed thither.

Before 1720, John Singletary and Dr. John Page had removed to Sutton.

Joseph Stevens, Moses How, William Brintnall, David Bent, - Stone, - Rice, settled at Rutland.

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Emigrations.

Capt. Benjamin Willard and his son Joseph, and Thomas Drury, Jr., left Framingham and settled in Grafton.

Isaac Stone, Edward Goddard, Jr., Daniel Drury and others removed to Shewsbury.

" The records of Templeton, in 1735, present among the first proprietors of the township, the names of John and Henry Eames, John Provender, and Isaac Learned; and others soon followed from the families of Lamb and Shattuck, and others." [Barry.]

Isaac Gleason, Jr., David Stone and others went to Nichewaug, now Petersham.

The Haven, Goddard and Drury families sent their children to settle Athol.

Our families are also well represented in the early settlers at Westmoreland, Marlborough, and Fitzwilliam, N. H.

About the close of the Revolutionary War, Robert Eames, Nathaniel Hemenway, Joseph and Uriah Jennings, Luther Clayes, Richard Sanger, Joseph and Needham Maynard, and others, settled at Whites- town, N. Y., near Utica.

Ezekiel and Thomas Williams, tanners and curriers, removed to New Hartford, N. Y.

BILLS OF CREDIT. - In 1720-1, the General Court, to meet public charges, authorized the Province treasurer to issue bills of credit, which were to be distributed by loan at five per cent per annum, to the different towns, in a specified proportion, i. e., according to each town's proportion to the last Province Tax, one-fifth part of which sum loaned was to be refunded each year. The first emission of bills, under this act, was to the amount of £50,000. The share of Framingham was £315.10. At a town meeting, Oct. 3, 1721, it was "voted, that the town will take the sum of money allotted . to them by the General Court, for the use of the town." And Col. Buckminster, Lieut. Isaac Clark and Lieut. Thomas Drury were chosen Trustees, to manage the loan, who were to receive one per cent for their trouble. Nov. 13, "voted, that the said bills be lett out upon good personal security from year to year, not under 6 per cent, per annum; and that not more than f10 nor less that £5 be lett to one man, and that none hereof be lett out of town, provided enough of the inhabitants appear to take the whole."

Nov. 1, 1722, the town " voted, that the interest money coming due, for the loaned bills, be disposed of to pay town debts." A similar vote was passed the next year. In 1725, £8. 6. 9 of the interest was used to pay the salary of James Stone, the schoolmaster.

In 1727-8, the General Court authorized a new emission of £60,000,

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History of Framingham.

bills of credit, to be loaned to the towns, as formerly. Framingham's share of this emission was £382.15. Edward Goddard, Thomas Stone and Peter Clayes were chosen Trustees of this fund, and were directed to "lett out the same to individuals on sufficient security." It would seem that there was considerable delay in the repayment of the said loaned sums; for May 21, 1739, the town "voted, that the Trustees be directed to sue for said money in August next, if the same be not paid in before."

How COL. BUCKMINSTER DISPOSED OF THE COMMONS AND RESERVED LANDS. - The Meeting-house land. In Mr. Danforth's lease to Mr. Buckminster. given in full in Chapter III., is this clause: "Also for the accommodation of the Meeting house, and settlement of the Minister, said Danforth reserveth 140 acres, and is laid out in two or more places, as they the above named Danforth and Buckminster have ordered and appointed." The boundary lines of the main body of this reservation were marked out by Messrs. Danforth and Buckminster, in the presence of three witnesses, without regard to the number of acres contained therein; and such laying out, by estimation, was always purposely made sufficiently large. These boundaries, as given in the affidavit of those three witnesses, were, Sudbury river on the south and east sides; a line from a marked tree standing on the bank of the river due north of the meeting-house (which, of course included the meeting-house site) running in a southwesterly course to near the top of Bare hill; and thence southerly to the river. The south part of this tract was, by a deed of the town and a deed of the executors and overseers of Mr. Danforth's will, conveyed to Rev. Mr. Swift, as the " Ministerial Land." The balance, i. e., the " Meeting house Land" comprised the north part of the reserved and marked out tract, including the old cemetery, and was estimated at thirty-five acres.

No doubts existed about the bounds of this meeting-house land ; but a question was raised as to the town's title: and Mar. 24, 1712, the town voted, " that the selectmen be a committee to go procure (from the executors of Mr. Danforth's will) a title to the lands on which our public meeting house standeth, as it is referred to in Mr. Buckminster's lease." The action of this committee is not recorded. Mar. 23, 1715, a committee was appointed "to see about the confirmation of the land given by the Hon. Mr. Danforth for the use of the town, for setting a meeting house, and for a burial place and training field."

The matter appears to have rested till 1725, when the town "voted to build a new meeting house, and set it near where the old one stands;" to which vote Col. Buckminster entered his dissent. In

169

Meeting-House Land.

connection with this action, the town voted that a committee be chosen "to procure a title to the meeting house land of Mr. Danforth's heirs," to which vote Col. Buckminster entered his dissent, giving as a reason, "because it is propriety land, and none but the occupants of land formerly Mr. Danforth's ought to have a vote in that affair." This reason, as is seen, admitted the town's claim to proprietorship in the land in question.

The committee made application to Mr. Danforth's heirs ; and they all united in giving a deed, dated April 1, 1726, to Joshua Hemenway, Peter Clayes and Edw. Goddard, feoffees in trust for the town of Framingham, and their successors, of "that remaining part of the 140 acres of land reserved for the accommodation of the meeting- house and settlement of a minister, which lyeth round the Meeting- house in said Framingham, containing by estimation about thirty five acres."

A month after this date, Col. Buckminster engaged William Ryder, surveyor, to measure the farm of Rev. Mr. Swift; who found that said farm, including the three pieces of meadow now in possession of Mr. Swift, contained the quantity of 140 acres. At the same time Col. Buckminster made declaration (not under oath) that the land reserved by Mr. Danforth and himself for "Meeting-house Land," was a piece containing three acres, thirty rods, lying east of Stone's meadow (the present Moses Ellis house-lot). The steps of the contest need not be detailed ; but the upshot was, that in 1730, in a suit at law, Col. Buckminster recovered the thirty-five acres of meeting- house land, on the ground that the town had already in possession the full quantity of 140 acres named in the reservation, and of Col. Buckminster's declaration concerning the three-acre lot. It should be added, that the Colonel failed to convey to the town the title of this three acres.

THE COMMON, OR NECK LANDS. - This tract, bounded by Hopkin- ton river, Stoney brook, and Southborough line, was reserved by Mr. Danforth, "to lye in Common for the accommodation of those that do or shall occupy other the lands of the said D., as for the tenants and farms of him the said Buckminster," except 600 acres part thereof, which Mr. Danforth retained in his own right.

The purpose and policy of Mr. Danforth, in this reservation and setting apart of this large tract, was to induce settlers to take up his other lands, by giving such tenants "liberty of timber, wood and pasturage " on said commons. And Col. Buckminster, having no leasehold or other title, had no power to either lease or sell these commons. He had only the privilege of commonage therein, the

I70

History of Framingham.

same as the other tenants of Mr. Danforth. But within about a month after receiving his first lease, he consented that the colony from Salem village should take up the lands at Salem End (which were included in the reservation) ; and in March, 1696-7, he gave them unsigned leases, running 999 years from March 25, 1693. Under this parole title, these farmers proceeded to erect buildings, fence in fields and cultivate the soil. And as early as 1706, Mr. Buckminster began to sell and execute warrantee deeds of these common lands, as well as of his leased estate. A part of the said deeds contained this significant clause : "Also, (nothwithstanding what is written in this deed of sale) he, the said - - , his heirs and assigns, shall have as much right and privilege in the Commonage in the township of Framingham, as if he held the premises only by a lease."

Thus, before 1730, he had sold the farms at Salem End, and westerly, via W. E. Temple's to the Rugg and Lamb places ; and the meadows and intervales on Hopkinton river as far up as Ashland Centre. This comprised the best of the common lands.

The full history of this neck or common, may best be told in this connection.

To make sure that Mr. Danforth's intention should be carried out, in order to perpetuate and preserve the right of commonage to present and future occupants of said Danforth's lands forever, Feb. 17, 1715-16, his heirs at law, viz., Francis Foxcroft, and Elizabeth his wife, John Whiting, Mary Brown and Sarah Sparhawk, executed a deed to John Whitney, Simon Mellen, Peter Clayes, John Winch and Joshua Hemenway, as feoffees in trust, of all this neck of land (except 600 acres thereof). Whatever the special occasion for this movement may have been, if there was such special occasion, it shows conclusively that Mr. Buckminster's plea, that in 1706 he "purchased the reversion in fee of all these lands of Mr. Danforth's heirs," was a deceptive plea. He purchased the reversion of the leased lands ; but not of the reserved lands.

The immediate result of this movement of Mr. Danforth's heirs at law, is not apparent. It was manifestly for the precuniary interest of all parties in occupancy, to keep still. Col. Buckminster was deriving a good income from the sale of these lands. The Salem End and other farmers who had bought of him, might be disturbed in their titles, and dispossessed of all their estates. The major part of the inhabitants whose location permitted, without respect to freehold right, were accustomed to cut wood and timber and pasture their young stock on these lands.

But troublesome questions were raised; certain parties "made great strip and waste, by cutting the young wood and timber growing

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Neck or Common Lands.

on the premises and converting the same into coal, as also by cutting ship-timber, .cord-wood, bark, hoop-poles, posts and rails in large quantities, and selling the same, whereby great injury was done to the property, and great injustice to the proprietors." This state of things continued many years.

June 4, 1753, acting under the general laws of the province respecting Propriety lands, a meeting was held of (so styled) "the Proprietors of the Common Lands in Framingham," of which Joseph Haven, Esq., was elected moderator. After organization, it was voted to have the common lands divided. It was also voted to petition the General Court to remove any difficulties that may be in the way of a division. This petition was signed by ninety of the inhabitants, living at the north part of the town, at Stone's End, on the Eames grant, and on the Mellen and Haven lands. A remon- strance was sent in signed by seventy-one inhabitants, comprising all who were living on these Neck lands, and the dwellers at the Centre and on the Hemenway road. The Buckminsters earnestly protested against the proposed division. And after a hearing of all parties, the petition was dismissed.

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History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register, Part 18

Author: Temple, J. H. (Josiah Howard), 1815-1893 Publication date: 1887 Publisher: Framingham, Pub. by the town of Framingham Number of Pages: 822

Author: Temple, J. H. (Josiah Howard), 1815-1893
Publication date: 1887
Publisher: Framingham, Pub. by the town of Framingham
Number of Pages: 822