USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, including the Plantation, from 1640 to the present time, with an appendix, containing a notice of Sudbury and its first proprietors > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46
Without specifying the bounds, he proceeds to lease the same to the said Joseph Buckminster, for the term of 999 years, at a rent of £22 per annum, current money ; and in default of money, in good merchantable corn, (not exceeding one-sixth part Indian corn or oats), butter, and well fatted beef or pork, (boars and bulls excepted), at the current money price.
The reader will recognize in the reservations above noticed, the origin of the Common lands, and of the grant for the support of public worship ; which last we shall have occasion to refer to, in connection with the building of the second meeting house.
On the 5th of November succeeding the above act, Gov. Dan- forth departed this life, aged 77, after a long course of active service to the colony, leaving honorable proof of his liberality to the Plantation, whose establishment he had so long superintended .* . The proceedings which ultimately resulted in the incorporation
* In his will, bearing date Sept. 1, 1699, he gave to the College " three tenements on lease to Benj. Whitny, John Whitny and Isaac Bowen, situ- ated at Framingham." He left also to his executors 600 acres at Fram- ingham, on Doeskin hill, and 160 acres at the same place, " that John Green should have had." To Thos. Foxcroft, he gave one quarter of " Buckminster's lease," half of the
same having been previously con- veyed to his dr., Wid. Mary Phipps. The tract of 160 acres referred to, was the so called " HALF MILE SQUARE," which soon came into the possession of George Walkup, by whom one half was conveyed to Jo- nas Eaton, in 1708. A part of the tract is now owned by Deacon Jona. Greenwood, and a large part by the heirs of the late Mr. John Eaton.
37
PETITIONS FOR A TOWNSHIP.
of this town, appear to have been protracted, and attended with inconvenient embarrassment and delays. The petition which was referred to the session of 1697, met with no success that year. On a renewal of the petition the following year, the Court ap- pointed a committee to meet in the Plantation and give hearing to all persons concerned ; upon whose return, a resolve, after due deliberation, was passed by the House in favor of the incorpora- tion of the place, but was non-concurred in by the Council. At the summer session petitions were renewed, praying the concur- rence of the Council. But the relations of many of the inhab- itants to Sudbury and Sherborn, threw embarrassment upon the action of the Court, and caused further postponement. A re- monstrance (without date) was sent in by the Rev. Daniel Gookin of Sherborn, setting forth the grounds of opposition to the measure, and an additional remonstrance from inhabitants of that town .* The occupants of the so called " Sudbury Farms," + also threw in a petition adverse to their separation from Sudbury, on the ground of their peaceable connection with that town, where they had been at much charge for the building of a meeting house, and the maintenance of the ministry ; though their opposi- tion was subsequently withdrawn, and they were probably included among those who prayed to be annexed to the town, after its in- corporation had been effected.
* The following is an abstract of Mr. Gookin's remonstrance :
I. The small number of families in Sherborn, not exceeding "3 score and four.'
Il. That the proposed seceders " have had the privilege of taking up lands in such parts of the town which they themselves have acknowledged to belong to Sherborn."
III. That to accommodate them " the meeting house was, to the great disadvantage and dissatisfaction of the first planters, placed at least a mile and an half nearer to those in- habitants that are now laboring to get away from us."
IV. That should these be suffered to go, " there will forthwith be some other families of this town will at- tempt the same thing, and so in a short time Sherborn will be reduced (as it were) to a mere nullity."
The petition of the inhabitants of 4
Sherborn adds, that the land to be taken from that town, had been re- ceived in exchange for lands on the S.W. part of their town, now belong- ing to the Indians, and that so serious a loss would " disenable " them for the settling of new inhabitants. They urge moreover, that these inhabitants (proposing to be annexed to Fram- ingham), have already taken up in Sherborn "in way of dividend near 500 acres of land ;" and that if they be taken, it will disenable them to make good their engagement, for the maintenance of their reverend min- ister.
t The following farmers united in this petition, viz : John Bent, Daniel Stone, Matthew Rice, John Loker, Nathaniel Stone, John Adams, Elna- than Alling (Allen), Caleb Johnson, Samuel Allen, Isaac Rice, Matthew Stone.
38
FRAMLINGHAM PLANTATION.
In prosecution of their design, the inhabitants of the Plantation, in 1698 or 9, had built a meeting house for the accommodation of the town. The particulars of this event are not given, and are probably lost to us irrecoverably. All that is known is, that it was erected within what is now the old burying ground, its first minister, at his decease, having been buried (according to an un- doubted tradition) beneath where the pulpit stood. The building was not immediately finished. In conformity too to an order of the General Court, in Oct. 1699, a survey of the proposed town- ship was completed by Jno. Gore, surveyor, which has fortunately been preserved.
This survey, (the oldest we possess of the Plantation), bearing the date above named, is on a scale of 200 rods to the inch. It generally presents nearly the modern bounds of the town; ex- cepting that it includes the farm of Mr. Savil Simpson, (now in Ashland), and contemplated the annexation of a tract of Natick land, west of Cochituate Pond, which would have made the west margin of the pond, in its whole extent, the E. bound of the town. This tract, however, (consisting of over 1200 acres), was included in dotted lines, and was not granted by the Court. The survey also embraced, as did afterwards the township, two irregular pieces of land, since known as FIDDLE NECK and THE LEG. The former, which derived its name from its figure, was a neck or goar of land, beginning near Bigelow's paper mill, where it was about 200 rods wide, and extending west a distance of near two and a half miles, the lines terminating at the westerly extremity in a point. It bordered during its whole extent upon the river, which formed its south bound, and the Boston and Worcester rail road track runs through it longitudinally. This tract was subsequently set off to Southborough. The LEG was a tract about 280 rods long and 150 rods wide, in the form of an oblong square, extend- ing from the N. bound of Framingham at the extreme west, north into Marlborough, and was set off to the last named town in 1789.
The above named survey possesses some interest, in indicating the then settled parts of the Plantation, which included 33 houses N.W. of the river, and 31 S.E., making an aggregate of 64 houses. It also designates the location of the meeting house then built. On the S. bounds, as represented, considerable changes were subsequently made at the incorporation of Hopkinton and
39
PETITIONS FOR A TOWNSHIP.
Holliston. The original survey is to be found among the State files, and appears to have been referred to in the orders of the General Court establishing the township .*
As an off-set to the objections raised by Sherborn, to the incor- poration of Framingham, the following paper was presented to the General Court ; which, as it contains details of interest, and illustrates the character and motives of the actors at that period. we give in extenso.
" To his Excellency, Richard, Earl of Bellemont, Capt. General and Governor in Chief of his Maj. Province of the Mass. Bay in N. Eng- land, &c., and the Honored Court now assembled in Boston.
" We underwritten, do humbly petition, that agreeable to our former petition to the Honored Court, (relating to a township), we may now be heard in a few things.
" 1. Inasmuch as our former petition hath been so far considered by the Honored Court, as that the lower house have seen good to grant it, and your Honours have seen good to order us to procure a draft of the place we petition for, drawn by a sworn Surveyor, we have faith- fully obeyed your orders herein.
" 2. In which Plot we have not knowingly taken in the lines or bounds of any town, 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 interfere upon us ; agreea- ble hereunto, we have run the line across some small bitts of Indian land, which otherwise would have made the line very crooked, which is now strait, which thing is plainly specified in the Plot, and the sur- veyor 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.
" 3. Inasmuch as that for a long time we have lain under a heavy burden, as to our attendance on the Publick Worship of God, so that for the most part our going to meeting to other places on the Sabbath. is our hardest day's work in the week ; and by reason of these difficul- ties that attend us therein, we are forced to leave many at home, espe- cially our children, where to our grief, the Sabbath is too much pro- faned ; and being desirous to sanctify the Sabbath as to the duty of rest required, as far as we can with conveniency ; these motives moving us, we have unanimously built a Meeting House, and have a minister
* In addition to the above, we pos- sess a careful survey of the N. part of the town, taken in 1750 by R. Hazzell, Esq., extending W. from the " New Bridge " on Sudbury river to the house of the late Col. Trowbridge, and from the Sudbury line S. nearly
two miles at its largest width. In 1832, an excellent plan of the town was prepared on surveys by Col. Jo- nas Clayes and Warren Nixon, Esq., which was printed, and is now in general use.
40
FRAMLINGHAM PLANTATION.
among us, and we now humbly petition to your Honours, to counte- nance our present proceedings.
" We contain in the plot we have taken above 350 souls, whereof not above a quarter part, can constantly attend the worship of God in other places, by reason of the length and 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 privilege we petition for. Those families specified in the plot, are not in the bounds of any town ; and are, some four, some five, some six, some seven miles from any other meeting ; and very few of them above two miles distant from the meeting house, which we have built among ourselves.
" 4. And whereas some do say, Sherborn town cannot raise their minister's salary without some of these families, which lie next to Sher- borne town ; we desire to inform your Honours that they never raised their minister's 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, and their minister settled among them, and they contain more than three score families.
" 5. And whereas some of Sherborne do say, that their meeting house was placed to accommodate some of these families, we desire to inform the Honored Court, that Sherborne meeting house is placed considerably nigher to the other side of their town bounds opposite from us, than 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 settling of their town, and do humbly petition that we may not be so burthened to gratify their wills, when we are able to subsist by our- selves. We desire to inform the Honored Court, that we never had any voice in petitioning for Sherborne township ; and to demonstrate further that Sherborne meeting house was not moved a mile and a half to accommodate any of us, as they say, their Pastor's house was erect- ed and 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 and a half further, he must have gone two miles, which is irrational to conclude, that he should go so far to meeting.
"6. When Sherborne was granted to be a township, the Honored Court obliged them to settle 20 new families among them ; and we fear that the Honored Court takes us for some of those families. It was for their sakes, if any, that their minister is settled as he is, and their meeting house placed as it is.
"7. And as for what privilege we have received from Sherborne, we have paid at an excessive rate for it : seven years after the settle- ment of the town, we could have bought as much of the same land for half the money that we gave for the settlement of their town and their meeting house, and Pastor's house : and as for what lands we have in Sherborne, we are contented that they should do duties in Sherborne.
"8. We petition neither for silver nor gold, nor any such worldly interest ; but that we may have the worship of God npheld among us and our children ; for this, we humbly repair to his Right Hon. Lord-
41
GRANT OF A TOWNSHIP.
ship and most Excellent Governor, under the shadow of whose wings we rejoice that we may rest for patronage and protection, and all of the Honored Court, now sitting, the Fathers of our Land ; to whom we humbly petition to consider and do, for the enlargement of the King- dom of our Lord and Saviour Jesus Christ, for the good of our souls, and the souls of our children, that they may not be like the heathen ; and be pleased to grant us to be eitlier a town or Congregation.
" Finally, if any of Sherborne or any other town, shall pretend any thing to the Honored Court, which may lead to the hindrance of a grant of our petition, (by reason of those many false informations that have been carried into your Honored Court to deceive), we hum- bly petition that we may have admittance to speak for ourselves.
" JOSEPH BUCKMASTER,
" PETER CLOICE,
" JOHN EAMS,
" JOHN HOW,
" ISAAC LEARNED,
" THOMAS DRURY,
" In behalf, and by the consent of the rest."
The above petition was probably presented the following year, and on the 5th of June, 1700, a hearing was granted to the inhabi- tants of Framingham, notice having been served upon Sherborne. The following act of the Court soon followed :
" At a Great and General Court or Assembly, for his Majesty's Prov. of the Mass. Bay in N. England, begun and held at Boston, upon Wednesday, the 29th of May, 1700,* in the 12th year of his Majesty's Reign, being convened by his Majesty's writts :
" Upon a full hearing of the matters in difference between the town of Sherborne and the inhabitants of the Plantation of Framingham, con- taining all that tract of land formerly granted to Tho. Danforth, Esq., next adjoyning to Sherborne upon the north and northerly :
" Ordered, That the said plantation called Framingham be from henceforth a township, retaining the name of Framingham, and have and enjoy all priviledges of a town according to law, saving unto Sher- borne 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, and all the farms lying within the said town- ship, according to former grants of the General Court.
" ISAAC ADDINGTON, Secretary."
July 4, 1700. A petition was sent to the General Court, signed by Thomas Drury, David Rice, Thomas Walker, John Prat and John How, in behalf of the rest (several others of Farmes
* This date is in Old Style, and, conformably to the present style, would fall on the 10th of June.
4*
42
FRAMLINGHAM PLANTATION.
adjacent to Sudbury), praying to be annexed to Framingham, as- signing that " the said town of Sudbury have for above a year denied your Petitioners the liberty of voting and other town privi- leges, utterly disclaiming them as not belonging to the said town, though your Petitioners have contributed to the building the Meeting-house and maintenance of the minister, and have paid several town rates and done many town duties." Whereupon, on the following day (July 5) it was " ordered, that the Petitioners and other the farmes lying betwixt the Northerly end of Cochita- wick Pond and the line of Framingham, be laid and annexed to the town of Framingham; and enjoy all immunities and privileges with other the inhabitants in said town, and that they and their estates be liable to bear a proportion of charge in the said town."
July 11, 1700. The "petition of Joseph Buckmaster and John Towne, in behalf of the inhabitants of Framingham," was presented to the Court, asking whether the purchased as well as granted lands of Thomas Danforth, were not meant and compre- hended in the order establishing the Township. The General Court accordingly passed the following, viz :
" RESOLVED, That all the lands belonging to Tho. Danforth, Esq., as well by purchase as Court grant, at the time of settling the town of Sherborne, in May, 1679, and excepted in the Court's confirmation of the township of Sherborne, be and belong unto Framingham; and that the inhabitants of the said town 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."
It may be proper to add in this place, that the following year, June 5, 1701, the Selectmen of Framingham having asked to have the line run between Sudbury and Framingham, the General Court
" ORDERED, That the line between Sudbury and the farmes annexed to Framingham, as set forth in the Platt, exhibited under the hand of John Gore, bearing date, March 8, 1700-1, be and continue the bound- ary 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."
By the above proceedings the long deferred hopes of the Plan- tation were at length consummated ; though questions of boundary were yet to be adjusted-the indefiniteness of the terms of the town grant, leaving unsettled the conflicting claims of the new town and Sherborne.
THE TOWN OF FRAMINGHAM.
FROM ITS INCORPORATION IN 1700.
GENERAL MISCELLANY CONNECTED WITH THE CIVIL HISTORY OF THE TOWN.
1700, AUGUST 5. The first Town Meeting was held, at which the following officers were chosen : Joseph Buckminster, David Rice, Thomas Drury, Jeremiah Picke, Peter Clayse, Sen., John Towne and Daniel Ston, SELECTMEN ; Thomas Drury, TOWN CLERK ; Simon Millen and Thomas Frost, CONSTABLES ; John How and Benjamin Bridges, ASSESSORS ; Thomas Walker, TOWN TREASURER ; Abial Lamb, Sen., COMMISSIONER ; John Prat, John Haven, Peter Clayse, Jr. and Samuel Winch, SURVEYORS OF HIGHWAYS .*
* The following year were chosen also four 'l'ythingmen, four Fenee Viewers, four Swine Drivers and one Grand Juryman. Other officers were subsequently added, as Clerk of the Market, Deer Rieves, (beginning about 1739 and ending about 1795), Sealer of Leather, Surveyor of Hemp and Flax, &c. In 1740 was chosen a weigher of bread, and in 1764 a Surveyor of Wheat and Flour. The Selectmen were chosen " to order the providentials of the town." Two constables were at first chosen for the E. and W. sides of the river. To this office was committed the collec- tion of rates, which was attended with vexatious delays, sometimes to
the serious injury of the incumbent, whose property might be distrained in the event of delinquency in his collections. In 1740, the penalty for refusing the office was £5, and was sometimes paid. In 1703, oaths were administered indiscriminately to all town officers, from the Selectman to . the Hog Constable. Town meetings were generally warned by posting notifications ; on extraordinary occa- sions, by notice " from house to house." They were commonly held in the meeting house ; on one occa- sion, July 23, 1729, the inhabitants adjourned to the " house of Mr. Mo- quet," a noted publican. The town were in early times convened to give
44
CIVIL HISTORY.
1700, Aug. 21. Voted in Town Meeting, that Mr. Joseph Buckminster, Isaac Larned and John Heaven should be the men to go and discourse with a lawyer about our aggrieved neighbours .*
Sept. 16, 1702. Manual labor was valued (in a rate) at 2s. per day, and oxen work at 18d. per day, and a breaking-up plow at 18d. per day.
Oct. 28, 1703. A rate being made in part payable in "corn at market price," corn was reckoned at 2s. per bushel, and rye at 3s.
April 5, 1704. John Eames, Sen. brought a woolf's head to
in their "invoice," and the Select- men generally acted as Assessors, one of their number performing the service.
It may be worthy of note to add, that on the Sudbury Records, the " Selectmen " were first so called an. 1650; previously to that time, the designation used was, "to dispose of town affairs." They were in some towns called " Overseers " at a later date. On the same Records, the title of " Town Clerk " first appears about 1661; that officer having been before chosen without title, " to attend and write town orders, to make town rates. &c." The deputy to the Gen- eral Court was first called " Repre- sentative," on the Framingham Rec- ords, an. 1703.
* This vote had relation to difficul- ties with Sherborne, originating in the order of the General Court, an. 1679, annexing certain farms contig- uous to the bounds of Sherborne, to that town. In conformity with that order, seven families within the pres- ent limits of Framingham, became incorporated with that town. Wheth- er this arrangement was intended to be permanent or otherwise, the bounds of Sherborne appear not to have been defined ; and as new set- tlers came upon the lands of the in- dividuals annexed, and formed no connexion with Sherburne, the terri- torial rights of the latter became in- volved and uncertain. At the incor- poration of Framingham, 17 families living on what was termed "Sher- borne Row," some holding leases from Mr. Danforth, were embraced
in the " disputed territory." As the rights of Sherborne were reserved in the grant of this township, the ques- tion of jurisdiction naturally arose. The nonpayment of rates to Sher- borne, led to civil actions, in which this town were disposed to aid their " wronged neighbors." In 1701, Mr. Stephen Francis of Medford, Mr. Jo- siah Converse of Woburn, and Lt. John Ware of Wrentham, were ap- pointed by the Court to go upon the place and settle the line. Their ac- tion was satisfactory to Framingham, but failed of a peaceful adjustment of the matter in dispute. The question remained open from year to year, causing much confusion and uneasi- ness, until the winter of 1708-9; when the affair was amicably adjust- ed by the annexation of the 17 fami- lies to Framingham, and a grant to Sherborne of 4,000 acres of land W. of Mendon, as an equivalent for their loss.
" June 16, 1709. It appearing by the return of the Representatives of Sherborne and Framingham, and the votes of the said towns, that the late orders of the General Assembly for their settlement are agreeable to them : Ordered, therefore, that the line between the towns be forthwith run ; and that the 17 families late in controversy be included within Fram- ingham line, and be accounted part of that town for ever ; and that Sher- borne have the 4,000 acres confirmed to them, upon their offering the platt, as is directed by the former order of this Court." Col. Rec.
45
GENERAL MISCELLANY.
Thomas Drury, a Selectman, and John Prat, Constable, to be dealt with as the law directs.
May 14, 1716. Voted that Caleb Bridges should have 1s. for mending the stocks, and Lt. Drury 1s. for a plank to do the same.
Dec. 2, 1717. Voted that Ensign Benjamin Bridges be joined with the Selectmen or some one of them to undertake in the mat- ter of defence of our town respecting Margarite Sergeant, alias Margarite Allin, whom the town of Weston are endeavoring to impose upon our town of Framingham .*
Oct. 3, 1721. At a meeting of the inhabitants "to choose suitable persons to receive out of the Province Treasury the town's quota of bills " of credit, voted that the town will take the sum of money allotted to them by the General Court for the use of the town.
Voted that Col. Buckminster, Lieut. Isaac Clark and Lieut. Drury be the men to receive this money for the town out of the Treasury.
Oct. 10th. Ens. John Death, Nath'l Eamms, Thomas Pratt, Thomas Gleason and Isaac Gleason, entered their dissent against the town's receiving the said bills. ;
Feb. 9, 1730-1. A formulary of a petition relating to Cam-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.