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 6

Author: Barry, William, 1805-1885
Publication date: 1847
Publisher: Boston, J. Munroe and company
Number of Pages: 476


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 6


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This case involved the two towns in a long and expensive litigation. The result appears to have been fa- vorable to Framingham. " Feb. 16, 1718-9; The Selectmen do agree, that John Gleason or Thomas Drury shall go to the clerk of the Superior Court for an execution, whereby Mar- gratt Allen, commonly called Pegge, may be removed from the town of Framingham to the town of Weston, where she properly belongs." The laws regulating habitancy at this pe- riod caused much inconvenience in towns, to the poor and the stranger within their gates. Instances often occur on the Records of this town, as of others, wherein individuals and families were in due form " warned out of town," and some of forcible removal, lest they should become a public charge.


t The following Nov., the town voted to let out the bills upon good personal security, not under six per


cent., and in sums not exceeding £10, nor less than £5. July 16, 1728, Edward Goddard, Thos. Stone and Peter Clayes were chosen Trustees, to receive and let out the town's share of a further emission by the General Court of £60,000. The amount of the first mentioned emis- sion was £50,000. By reason of the war expenses of the colony, and the depreciation of former bills of credit, money had become scarce. A con- troversy arose between the friends of a public and private bank, which re- sulted in favor of the former. The bills were to be loaned at 5 per cent. to the towns, and 1-5 part of the principal was to be paid annually. The evils of an irredeemable paper currency followed to such a degree, that an act of Parliament was passed for restraining the colonies in this particular. Hutch. II. 208 ; Holmes' Annals, sub an. 1748.


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CIVIL HISTORY.


bridge great bridge over Charles river, was read to the town in the meeting, and voted in the affirmative, as being the town's mind that it would be of public benefit that the said bridge be cashiered.


Aug. 9, 1733. At a town meeting in part " to consider the petition for a new county now lodged in the General Court, the town of Framingham being one of the towns named therein, to join with several other towns of Suffolk and Middlesex in said new county," the town "voted not to join with the petitioners, but four persons appearing in the affirmative."


Nov. 26, 1739. Voted that Mr. Henry Emmes and Capt. Thomas Buckminster be a committee to take care for the preser- vation of the deer.


1740. About this time the Selectmen sent in a remonstrance against a petition before the General Court, from certain inhabi- tants of Framingham, " together with divers others belonging to Marlborough, Sudbury and Stow," praying to be made a town- ship, with a tract four miles square .*


Jan. 8, 1741-2. The inhabitants of Framingham obtained a grant of a tract of land " of the contents of six miles square, lying N. of the Indian Town, so called, on Housatonic river, or as near there as the land will allow."+


State Files.


t Various ineffectual attempts had been previously made by the inhabi- tants in their corporate capacity, to obtain grants of land from the Gen- eral Court. They were probably in- duced to take this step, by the fact, that their township had been granted to an individual, and not, as in other towns, to the company of settlers. The earliest movement was made Feb. 26, 1701-2, soon after the town's incorporation, to obtain permission for the purchase of about 1000 acres W. of Cochituate pond, from the Na- tick Indians ; some of the meadows therein having been " let out to sun- dry of our inhabitants (by the Indians of Natick), about 25 years." (State Files.) The House granted the prayer, but it was negatived by the Council. A similar petition was presented June, 1713. The Court ordered that Capt. Daniel Fisher, Capt. Joseph


Morse and Mr. Thomas Sawin, be a committee to go upon the place &c. and report. The petitioners failed in their prayer. June 24, 1714, Fram- ingham "petitioned for a tract bounded by Marlborough, Sutton, Mendon and Framingham;" and a com. was ordered upon the same, but without success. (Col. Rec. ix. 405.) At the same time Col. Joseph Buck- minster obtained from the Court con- firmation of "300 acres of land," "lying between the towns of Fram- ingham and Mendon, upon a grant made to Mr. Thomas Mayhew, an. 1643, and purchased by the petition- er" from his heirs. Nov. 21, 1715, Maj. J. Buckminster secured a grant. of 2,000 acres, which he offered to the town, in case the grant could be obtained for them ; in which event he would " move his grant to another place." 'l'he land probably lay " ad- joining to Meganka." It does not


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GENERAL MISCELLANY.


The resolve granting a township called New Framingham, des- cribed above, was passed Jan. 8, 1741-2, as follows : *


" Jan. 8, 1741. On the petition of the inhabitants of the town of Framingham, read and ordered, that the petition be received, and the prayer therof granted ; and that the petitioners be allowed and impow- ered, by a Surveyor and Chainmen on oath, to survey and lay out a township of the contents of six miles square, adjoining on the N., on the Indian town, so called, lying on Housetonnock river, or as near that place as the land will allow, not interfering on any former grants ; and that they return a plat thereof to this Court within 12 months for confirmation ; and for the more effectual bringing forward the settlement of the said new town, ORDERED, that there be 79 equal shares, the home lotts to be laid out in a suitable and defensible manner, one of said shares to be for the first settled minister, and one for the school ; that there be 60 families settled on 60 of the other shares or house lotts, in three years from the confirmation of the plan ; who shall each have an house built thereon of 18 feet square, at the least, and seven feet stud, and six acres of land, part thereof ploughed or brought to English grass, and fenced, and build and finish a convenient meeting house for the publick worship of God, and settle a learned orthodox minister ; that said 60 settlers give bond to the Treasurer of this Pro- vince, in the sum of £25, for complying with the terms of the grant. And if any of said settlers fail of performing the conditions of settle- ment aforesaid, then his or their right, share or interest in said town to revert to and be at the disposition of the Province ; and the Province Treasurer shall immediately sue out their bonds.


" Nov. 19, 1742, a plan was reported and accepted, and the lands were confirmed to Caleb Bridges and others."+


appear that their petition prevailed. Aug. 15, 1721, the town's Represen- tative was instructed to present a pe- tition, " when he sees fit," for a grant of country land for the town. The town desired a grant within the lim- its of Hopkinton. The trustees of the Hopkins fund having secured that tract, a committee was appoint- ed to solicit the influence of the trustees in favor of a grant for the town elsewhere. Nov. 18, 1729, the town renewed their petition, and a tract was surveyed the following year, the location not indicated. These successive applications result- ed in no advantage to the inhabitants at large.


* See Col. Rec. sub an.


t The names of all the grantees of this tract do not appear. Hezekiah Rice owned lots Nos. 11 and 12. Matthias Bent sold his share to John


Nurse, in 1743. Peter Gallop was a proprietor, as were also James Bout- well, Samuel Jackson, and Caleb Bridges. John Butler was "one of the ten, who, by vote of the Society, were admitted with them, a proprie- tor or grantee &c." At a meeting of the proprietors, Oct. 19, 1742, it was voted to call the town Richfield, until the legislature should give it a name. It was afterwards called New Framingham; and later, by its pres- ent name of Lanesborough. The settlement was commenced about 1754 or 1755 by Capt. Sam'l Martin, a Mr. Brewer, and Mr. Steales, who were driven away by a party of In- dians, in the second French war. Capt. Martin was the only one who returned. Among the earliest settlers after those above named, were Nathl. Williams, Samuel Tyrrell ; John, Ephraim, Elijah and Miles Powell,


48


CIVIL HISTORY.


1743. A bounty was and had been previously paid for taking birds and squirrels .*


April 18, 1749. A notification, signed by Joseph Richardson, appeared in the Boston Gazette, addressed to all who " usually met at the house of Mr. Francis Moquet, in Framingham, on the affair of a petition on the Canada Expedition in the year 1690," warning them of a further meeting, at Sudbury, in June .;


Sept. 23, 1754. After a large debate by the town on that part of an Excise Bill which relates to the private consumption of wines and spirits distilled, a full vote passed that they apprehend it to be reasonable and for the interest of the Province, that the charges of the government should be defrayed in part by an ex- cise on wine and spirits distilled ; and that this excise ought to be so extended as that all persons (save those who are exempted in said bill), should be obliged to pay excise for the wine and dis- tilled spirits which they consume.


May 23, 1757. Voted that a number of the inhabitants be


(brothers) ; Lt. Andrew Squier, Jas. Loomis and Ambrose Hall ; these set- tled as early as 1759. William Brad- ley, James Goodrich, Thaddeus Cur- tis, Ebenezer Squier, Benjamin and Joseph Farnum, came in soon after. The only name indicating a possible origin from Framingham, is Brewer. Some of the names suggest a conjec- tural origin from Marlborough or Sudbury. The greater part of the settlers were from Connecticut. The town was incorporated June 20, 1765, and then included a large part of the present town of Cheshire. In March 1764, a church consisting of eight members was organized, over which was ordained, Ap. 17, 1764, the Rev. Daniel Collins, Yale Coll. 1760, who continued his ministry until his death. He d. Aug. 26, 1822, in the 84th year of his age. Besides the Congrega- tional church, there is now a Baptist, and an Episcopal church. The last is at present the largest. It is well endowed with a fund of about $6000, a Glebe and a Parsonage house. The Rev. Samuel B. Shaw, B. Un. 1819, has been Rector of this church near 16 years. To his friendly attentions the author is indebted for much of the information here given. The town of Lanesborough possesses val-


uable resources in its beds of iron ore and extensive quarries of excellent marble. Its population in 1840, was 1,090.


* The policy of sanctioning by public rewards, the destruction of these animals, was very early intro- duced into our towns, and has been continued until quite recently. In March 1798, the bounty for killing crows in April, May, or June, was 25 cts. for old and 12 1-2 cts. for young crows. In April it was reduced to three cents on crows, and a half cent on redwing black birds. The year following, the town voted " that each man kill his own black birds, and pay himself." In 1804, one cent each was paid for chirping squirrels, and the bounty on crows was continued for several years subsequent.


t The meeting above referred to, was probably held for the recovery of an indemnity for services render- ed in that expedition. It may be worthy of notice, to add, that about the year 1752, several of the inhab- itants of Framingham were among the proprietors of land in Kennebec No. 4. Whether the land was ac- quired by grant or by purchase, does not appear.


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GENERAL MISCELLANY.


taken from the N. Constable's ward and added to the S.W. Con- stable's ward, viz : Timothy Stearns, Thomas Temple's old place, Widow Willson, Upham's place, Mr. Brown, John Permenter, Amos Permenter and his sons, John Darling, Amos Darling, Bar- ret and Robinson.


May 23, 1757. Voted that the Widow Gleason's effects that she left when she died, be divided among those neighbours that have been kind to her, in contributing for her support.


1760. Voted that Capt. Isaac Clark shall not be rated this year.


Dec. 29, 1760. Capt. Josiah Stone gave Maj. John Farrar, Town Treasurer, a note of hand of £6.4s., on demand, for the town's use ; and also Mr. Benoni Pratt a note for £1.18.7, for said town's use.


March 6, 1769. Voted that the Town Clerk, for the future, shall enter in the town book all the persons that shall come to dwell in this town ; viz., their names, last place of settlement, or, if not known, the last place of abode, and the time when they came into town.


1771. The vote was tried whether the town did approve of the practice of shooting fowls, and it passed in the negative.


1772. Voted that Jesse Eames, Collector, be hereby directed not to distrain those persons that occupy College land, for their Province tax raised on those lands, till further orders from the town.


June 22, 1778. Committees of the towns of Framingham and Westborough met, "to complete an amicable settlement of the lines " between said towns.


1794. The price of wood for the minister was estimated at 9s. per cord.


1796. A town law was passed, " forbidding cattle to go at large from April 1 to Nov. 15; the owner to forfeit for each day's offence, 25 cents per head."


1799. A dog tax was imposed, but was afterwards refunded.


Nov. 7, 1814. Voted that the laws made for the due observa- tion of the Lord's day, be carried into effect.


1825. The Selectmen were authorized, at discretion, to place durable bounds on the lines between Framingham and the adjoin- ing towns.


5


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CIVIL HISTORY.


1830. The town granted $75 "to pay for a survey of the town, and procuring a map of the same."


The town chose a committee " to secure a location of the Insane Hospital here," and authorized them to offer $500 for a site.


1831. The town granted $25 for ringing one of the church bells at 12 M. and 9 P.M.


The town voted upon a proposed amendment of the constitution relating to the commencement of the political year-yeas 10, nays 33.


1833. Voted to build a town hall. The committee appointed to report upon the subject, proposed the erection of a house 40 feet by 68, with a colonnade at the E. and W. ends, at an esti- mated cost of $4,200.


1834. Voted, that in the opinion of the inhabitants of the town, the public convenience does not require that any license be given for the sale of ardent spirits.


BRIDGES.


May 22, 1701. Voted, that the inhabitants will make a foot bridge upon the E. side of the river, from the great bridge that leads out to the meeting house, as far as is convenient and needful to be made.


May 12, 1712. Voted, that there be a cart bridge over Sud- bury river, where the way is laid out from Simon Mellen's unto our public meeting house, near the now dwelling house of Ebene- zer Singletary.


May 18, 1713. Voted, that there be a foot bridge built from the cart bridge already built over Sudbury river, by our public meeting house, over the intervale or lowland unto the upland.


March 17, 1718. Voted a grant to John How, for answering the town's presentment for our great bridge, by the meeting house.


1723. Voted, that the old bridge by Mr. Simpson's be re- paired.


1729. A bridge was built between Hopkinton and Framing- ham.


Dec. 24, 1735. The small bridges and causeways on the W. side of the land of John Drury, were laid out as a part of the


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BRIDGES. - HIGHWAYS.


public highway ; the sluice next to said Drury's dwelling house to be kept open and in good repair by him.


May 21, 1739. Ezekiel Rice received a grant of &3.2.6, for timber for the great bridge.


March 1, 1741-2. Granted £40 old tenor, to build a bridge where the old bridge is, near where the old meeting house stood.


March 7, 1742-3. Put to vote, whether the town will grant money to build the bridge called Coller's Bridge, and the bridge called Singletary's Bridge, both anew; and it passed in the negative.


Oct. 12, 1747. Voted to repair the causeway belonging to the bridge by Dea. Daniel Stone's, and that said causeway be 15 feet wide ; also voted, that the causeway on the N. side of said bridge be raised level with the top of said bridge, as it now stands.


March, 1794. Voted to have a row of posts erected from the bridge the upper side of the causeway, to Mr. Eli Bullard's bark house ; and a foot bridge made convenient to pass with a hand pole.


TOWN HIGHWAYS LAID OUT.


April, 1701. From the meeting house as the road goes by Mr. John Swift's ; and so on the S. side of John Town's door by his house ; and so over the new bridge over Stony brook ; and so over the plain to the corner of Benj. Nurse's land ; thence over a little spruce swamp, S. side of it, to Peter Cloyce, Sen .; and so up to John Nurse's, &c .; and the highway runs from James Travis' to Caleb Bridge's door ; and so to the common.


Jan. 1702-3. Beginning at the house of John Whitney, and following the occupied way to N. W. corner of John Haven's field, S. of his house ; thence N. as the way is to stones W. of Si- mon Melin's house ; thence N. to the river, S. of John Town's house, and to the way laid from the house of Peter Cloyce, Sen.


1706. About this time, Joseph Buckminster was allowed to make and maintain a highway from his house to the meeting house ; and in consideration thereof, to be exempt from labor on the highways elsewhere, seven years.


March 15, 1706. Beginning by the bridge by John Town's,


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CIVIL HISTORY.


running W. below the hill, to Elnathan Palmer's house on the S. side of the river ; there over the river to Philip Pratt's land ; thence between the lands of Philip Pratt and Simon Mellen, to a highway formerly laid out ; said way to be two rods wide.


March 8, 1707-8. Return of a highway, from the meeting house bridge to the highway from Sudbury to Sherborn, to run straight from the bridge to a hollow, commonly gone up and down in by the people when it is miry and dirty, riding the way usual- ly occupied over the Thorngutter ; so N. side of the little Cran- berry place and over the Thorngutter, to Pratt's plain ; thence on the edge of the plain by Sucker (Succo) pond, and close to the corner of John Pratt's field, to the way leading from Sudbury to Sherborn.


April, 1708. On petition of Geo. Walkup and Jonas Eaton, laid out a way through the land of John Winch ; 2d, through land of John and Joseph Gibbs; 3d, through land of Samuel Winch, as the way now is ; 4th, through land of Nathl. Stone ; 5th, through lands of Jeremiah Pike, Sen., to run by the line of Abraham Belknap's land, till it meets the way from J. Pike's house to the meeting house.


March 14, 1708-9. A highway returned, beginning at land of John How, so running through land of Thomas Walker, and after passing the fences, to be two rods wide down the brook ; one part of said way to be laid upon the lands of Dea. David Rice, and the other part on lands of John Bent ; and to run over the foot bridge now standing, and so through land of Thomas and Caleb Drury, to the land of Caleb Johnson, Sen.


April 11, 1709. Return of highway from Benjamin Ball's to the common, - from said Ball's house across the plain, by the W. end of James Cloyce's field ; so over the plain to a brook ; and over the brook between lands of John Provender, Sen. and Philip Pratt, till it comes to Nathaniel Pratt's ; and so through his land and John Provender's, till it comes to the common.


July 15, 1709. Return of highway, from Mr. Simptson's farm, into the highway that leads to our meeting house, - beginning at the river, at the S. corner of the land bought by said Simptson of Capt. Joseph Buckminster; so E. into a way formerly occu- pied ; so near the river, till it comes to the upper end of James


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TOWN HIGHWAYS.


Coller's meadow ; there to cross the river, and run, as the way lies. to the highway from the Havens to our meeting house.


Jan. 10, 1709-10. Return of a way for Amos Waite to meeting - beginning at a path N. of said Waite's house, run- ning W. side of a hill unto Samuel How's land ; and from thence a strait line W. side of said How's land, to a heap of stones near the old road from Samuel How to Marlborough.


Return of highway from John Sheres to the meeting house, - beginning at said Sheres' land ; thence to land of Jonathan Lamb and Joseph Wetherbee, as the way now is, and between their lands, and so as the path now is to Ab. Belknap's and Jeremiah Pike's land ; and between their lands to Jeremiah Pike's shop; and so as the way now is, to the way from Samuel Winch's to the meeting house.


March 6, 1709-10. John Jaques doth give unto the Sher- born Row an highway through his land ; - beginning at the most northerly corner of Zech. Padelford's field ; thence to S. corner of Isaac Lerned's meadow ; so to continue on the E. side of his land next the meadow, until it comes to the Stone's dam; and so on to the highway from Pratt's plain to the bridge, near the meeting house.


May 27, 1713. Return of highways, for the accommodation of the 17 families taken off from Sherborn and others, for their con- venience to go to meeting, mill and market. - Beginning at a walnut tree, on the way leading from the Mellens' to the S. side of the great meadow ; so by the way as now is, and marked trees, to Richard Haven's house ; thence as the way is, to land of John Adams ; so N.W. of marked trees, to run as the old way did lie, unto Daniel Stone's mill, - the way to be two rods except where obstructed ; - also a way to turn off the bridge by John Adams' house, and to run as it now is to the way that comes from the Rice's end ; - also a highway turning out of the highway by John Gleason's house, and to run down by his barn, till it comes to a white oak, standing on the S. side of a slew.


April 23, 1719. Return of a highway, from Samuel Lamb's land to John Singleterry's ditch, said ditch being the N.E. bounds of said way, till it comes to Jonathan Rugg's land ; then through his land, as the way now is, to a marked tree; then between the land of said Rugg and the land of Jonathan Bruer, as far as their 5*


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CIVIL HISTORY.


lands join ; then N. of said Bruer's land to his N.E. corner ; then to an oak on a ledge of rocks, S. side of the road; thence to a stake and stones by the side of Caleb Bridge's fence.


Feb. 26, 1721-2. Return of highway, beginning at a high- way from Samuel Lamb's to the meeting house ; thence S. on the E. side of Eben. Harrington's line, to a marked tree, the bound between said Harrington's and John Drury's land ; thence to land now or formerly of Ens. Rice, now in possession of his son, Abraham Rice ; thence by marked trees, to the common or un- improved lands S. of said Rice's land.


1722. Messrs. Samuel and Nathaniel Eames having made proposals relating to Beaver Dam bridge, - Voted, that a town highway shall lie and be, as now occupied, to Beaver Dam bridge, and so through to Sherborn line ; and that the bridge be contin- ued where it now is.


Nov. 4, 1723. A town road laid out to Lt. How's, - begin- ning at the road from Lamb's to the meeting house, which road lieth W. side of a marked oak, standing by said road near the turn of Mr. Swift's fence, which is E. from Ball's bridge, so called ; which road is laid two rods wide, till it comes into the road from our meeting house to Marlborough, which road runs upon Benjamin Ball's land.


1724. Return of highway, from the country road leading from Sudbury to Marlborough, to a highway from John Shears to the meeting house, laid out as follows, viz. - between lands of Thom- son Woods and John Parmenter, to lands wholly of said Parmen- ter ; then successively through the latter, Col. Buckminster's land, Thompson Wood's, Robert Jenneson's, Nath. Wilson's, Jona. Jackson's, Stearns', and Joshua Eaton's land, where it meets the other town way abovesaid.


Feb. 4. 1724-5. Return of highway on both sides of Beaver Dam, viz. - beginning at a tree, marked with the letter W, upon the Sherborn line, E. of said tree ; then to a heap of stones, the bounds of Oliver Death ; thence making a bow into Corporal Eames' land ; thence (still bowing), to a stake at the foot of the bridge ; thence a straight line to another W tree near Beaver Dam bridge, which is the tree where Sherborn men began to lay out the way more than 20 years ago, (as Ens. Death informed


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TOWN HIGHWAYS.


us) ; thence two rods E .; thence by various marked trees to a black oak marked W, by a town highway formerly laid out.


April 26, 1731. Laid out a highway from Mr. James Cloyes' house to Southborough line, as far as the lane now goes ; thence by marked trees to John Nurse's land ; and so N. of his orchyard to the N. side of his N.W. corner ; thence as the road now is, to Southborough line.


Nov. 27, 1732. A highway return, beginning at Mr. John Pierce's house ; so running E. over Cochitawic brook, as the road now is, to the N.W. corner of Mr. Steven Jennings' cornfield ; so over the same to a tree, the bound between Mr. Tho. Kendal and said Jennings ; so E. on said K.'s land between said K. and said Jennings, till it comes to Jennings' E. corner mark ; thence to the road from Rice's end to Sherborn line. Also, a highway from the house of Mr. Eben. Stone, N.E., as the way is used, to the land of Mr. Tho. Kendall ; so through said K.'s land to Steven Jennings' corner mark, -said mark standing on the Indian Graves (so called) ; thence to Sudbury line as the way is now used.




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