Ryal Side from early days of Salem colony, Part 2

Author: Pierce, Calvin P
Publication date: 1931
Publisher: Cambridge, Printed at the Riverside Press for the Beverly historical Society
Number of Pages: 266


USA > Massachusetts > Essex County > Salem > Ryal Side from early days of Salem colony > Part 2


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).


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I Beverly Town Records, City Documents, 1900, page 371.


2 Ryal Side was annexed to Beverly, September 11, 1753, under 'An Act for setting off the inhabitants, as also the estates of the proprietors of that part of the Precinct of Salem and Beverly, so called, which is a part of Salem to the town of Beverly.' (Chapter 12, Province Laws, 1753.)


II


ORIGIN OF THE NAME


and the Church at North Beverly was known as the 'Church at Horse Bridge.'


Beverly, one of the oldest settlements in New Eng- land, was finally completed as its municipal boundaries now stand by the union of several settlements, and of these, Ryal Side is the most distinct. Owing to its geographical position, it being nearly surrounded by water, communication in early days with the town proper, and also with Salem, could be had only by boat. This situation may be better understood by reference to the accompanying maps.


LEASES OF THE COMMON LAND OF RYAL SIDE IN THE YEAR 1677/8


ON February 1, 1677/8,' the Selectmen of Salem issued an order which provided that all the common lands at Ryal Side should be leased to John Green, John Leach, John Batchelder, and John Tompkins, Jr., for 'ye full space & tearme of one thousand yeares & one day,' excepting forty-four acres which were reserved by the Selectmen for the use of six families of Ryal Side who lived near the lot and also of five families who lived in the Northfields of Salem, on the westerly side of the river.


The land leased to John Tompkins, Jr., of one hun- dred acres in addition to the reservation of forty-four acres leased to the eleven families, was bounded by the Wooleston River 2 on the west and its eastern boundary was defined by a wall which ran from Stoney Cove 3 northerly to a point on the hill 4 opposite, westerly from the Ryal Side schoolhouse, thence westerly to Muddy Cove on the river at the termination of what is now Bradstreet Avenue.


On January 22, 1678/9, the Selectmen voted to lay out, 'distinct by it Self,' the forty-four acres to the eleven families, and at the next meeting, held on Jan- uary 28, 1678/9, an order was issued leasing the lot to George Jacobs, Sr., John Tompkins, Jr., John Waters, John Foster, Jr., Samuel Foster, Lieutenant Richard


I Salem Town Records, volume 2, page 269.


2 Danvers River.


3 Aunt Betty's Cove; early name, Stoney Cove.


4 Pine Hill, near Western Avenue.


I3


LEASES OF THE COMMON LAND, 1677/8


Leach, John Leach, John Green, John Batchelder, Joseph Batchelder, and Abraham Warren, for a period of nine hundred and ninety-nine years for a yearly rental of five shillings and six pence each. This arrange- ment was supposed to give to each of the lessees a small pasturage for sheep and cattle, and the lots have been referred to as 'cow leases.'


The order of February 1, 1677/8, secured to Green, Leach, Tompkins, and Batchelder a lease covering a right to about four hundred acres of land for a period of one thousand years for a yearly rental of about five pounds each, to be free of taxation.


The Lease of 1677/8


Att a meeting of ye Selectmen of Salem ye I of February 1677 I being present as in ye margent


Know all men whome this may concern Mr. Edmd Batter Wm Brown Junr yt ye Selectmen of Salem whose names are sett in ye margent have in ye behalf Bar: Gedney & by ye order of ye towne of Salem a Lt Jno. Pickringe Capt Jno price fore said Leaten & Sett to Lease unto John Greene, John Leach ye Son of Richard Leech & to John Bachelder and to John Tompkins Junr all of ym of ye towne of Salem a foresaid all ye townes comons on ryal side, excepting forty fower ackers of ye comons of ryal side aforesaid wch ye Select- men doe reserue for ye use and bene fitt of those neighbors wh border on ye sd land or towns comons and ye five next famillys in ye north field, as ye Selectmen Shal order. yt is to say twenty ackers of ye said forty & fower ackers to be alotted out by ye Selectmen. intire for ye use of those five famillys in ye north field: viz Georg Jacobs Senr, John Tompkins Junr, John Watters John ffoster Junr & Samuel ffoster & the rest of the


I Salem Town Records, volume 2, page 269.


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forty fower ackers for ye use of Lt Richard Leach John Leach, John Greene, John Bachelder, Joseph Bachelder & Abraham Warren which ye Selectmen doe alott to them as their pro- porcon of ye townes commons wch said parcel of townes commons on ryal side aforesaid the Selectmen in ye behalf and by ye order of ye towne of Salem have Leten & Sett to Lease unto ye said John Greene, John Leach and John Bach- elder & John Tompkins Junr for ye ful space & tearme of one thowsand years & one daye from ye date heare of with all the profits and priviulidgs there of to be held & injoied by them their heyers executors administrators & assignes during the whole tearme of one thowsand years & one daye as afore said and ye Selectmen doe ingage ye said comons on ryal side shalbe Rate free to ym theire heyers executors administrators & assignes duringe ye whole space & tearme of one thowsand yeares.


In Considiration of ye premises ye aforesd Leafsees, Jno Green, Jno Leach & Jno Bachelder doe hereby Ingage them- selues, their heires Executors Administrators or afsignes to pay for each year Succefsively dureing ye whole tearme of one thowsand yeares aforesd ye full & Just summe of twenty & two pounds in Currant money of New England unto ye Towne of Salem or thier order att or before ye day of ye date hereof & doe further Ingage for them selues heires Executors or assignes ye wt wood soeuer shall bee disposed of from ye Land dureing ye sd tearme, shall be sould to ye Inhabitants or ye Towne of Salem for their owne Vse & alsoe ye sd Leafsees, doe Ingage themseules theire heires Executors ad- ministrators & afsignes to pay for halfe ye fence yt shall bee made between ye sd Land & ye sd twenty acres of Townes Comon reserued as aforsd for ye Vse of ye fiue families in ye North field And in case of non payment according to time & specie aforesd ye abouesd Lefsees, Jno Green, Jno Leach & Jno Bachelder doe Ingage themselues, theire heires executors, administrators or assignes to pay unto ye Towne of Salem aforesd one yeares rent besides wt is Justly due to ye Towne,


HEAD BOUNDS OF THE BATCHELDER LANDS Stake in angle of stone wall, marks site of the white oak tree, 1677


I5


LEASES OF THE COMMON LAND, 1677/8


for ye Improuement of sd Comons and peaceably to yeald up ye pofesion of ye sd Land to ye Towne of Salem And for ye true & sure pformance of all & euery part of ye prmises ye abouesd Leafsees, bind themselues heires, Executors admin- istrators & afsignes firmly by these prsents ye day & year abouesd.


Witnefs their hands with seales affixed


JNO LEACH JNO GREEN JNO BACHELDER


Att a metting of the Selectmen being prsent ye I= 12 1678 Then resaued of Jno Green Jno Leach Jno Bachelder & John Thompkins Junr the Summe of twenty pounds in money for theire first yeares rent for Royall Side beinge for the yeare 1678 according to leace baring date Ist 12 mo 1677.


Capt Jno Corwin mr Jos Graften mr ph Cromwell Samll Gardner


Jno Higginson


In accordance with the order of the Selectmen of February 1, 1677/8, reserving the lot of forty-four acres 'for the use of the 6 Naboring families on Royall Side & the 5 Nabouring families in the North field,' the Select- men, at their meeting of January 22, 1678/9, appointed as a committee: 'Capt Jno Corwin Samll Gardner Junr, Jno Higginson Junr, Samll Gardner Senr & Bartholmew Gidney ... to lay it out as they shall Se Cause.'


This lot comprised the lands in the immediate vicinity of Foster's Point.


It appears that, prior to 1677, certain rights were held by John Tompkins, John Waters, Sr., John Foster, and George Jacobs, Sr., in a limited territory lying in the southwesterly portion of the common.


When, in 1677, the lease of all the common, excepting


16


RYAL SIDE


forty-four acres, was made to the four grantees, Leach, Tompkins, Batchelder,' and Green, the boundaries in- dicating their respective divisions were undoubtedly understood by them from that year, as the first payment on their leases of five pounds each was made by them February 1, 1678, but it was not until March 2, 1707, that a formal partition was made by the agreement of the grantees, and acknowledged March 27, 1708.2


Partition of Ryall Side First Division


To John Batchelder, Jonathan Batchelder and Josiah Batchelder ye most North east or North part of ye land now divided bounded as follows: viz - from a white oak East to a crooked stump and from ye Stump South to a Small Ash and from thence East to a heap of Stones from thence East still to a Stump near Green's wall and from thence south as ye wall runneth till it comes to Newman's line and from thence North West to Newman's Corner and from thence South East to Cove and thence over ye Cove to Creeses Wall and from thence up to ye Spring above men- tioned, which Spring is for ye use of ye North field parties as well as ye said Batchelder and from ye Spring to a stake and heap of Stones and from thence to a White oak Ist mentioned, about 100 acres, and shall have liberty to pass over with carts over both ye other Dividends, Leaches and the Northfield parties.3


Second Division


To John Leach and his son Samuel Leach - The western- most part of dividend land bounded as follows: - from the


x John Batchelder died in 1684 and his right and interest in the partition was conveyed to his three sons, John, Jonathan, and Josiah.


2 Essex Registry of Deeds, book 20, leaf 186. The boundaries of the par- tition to John Green are not recorded in Essex Registry of Deeds.


3 Essex Registry of Deeds, book 20, leaf 186.


17


LEASES OF THE COMMON LAND, 1677/8


spring above mentioned to a stake and heap of stones from thence North west to a white oak tree (Marked) which bound between leased land and the property of said Leach and Batchelder, from thence to a black oak (marked) and from thence South west to head of ye Cove and South as marsh runs to Ist bounds at Muddy Cove Counting about 98 acres.


Said Leaches shall g. liberty to before named parties a convenient drift way I over ye land hereby divided and also the aforementioned Batchelders themselves liberty for carting over the said land to ye landing place.2


The Northfield Party Third Division


To John Foster, John and Richard Waters, Nathaniel Tompkins, Joseph Jacobs on behalf of his father George Jacobs, and Samuel Foster - ye South or South west part - bounded as follows :- viz, Beginning at Muddy Cove at Stake and Stone and so East to another stake and heap of stones at ye Northerly side of Pine Hill and from thence South East ward to ye Spring and from thence to Cressys wall including all ye leased land on ye Southward side of this line and shall and will from time to time permit said Batchel- ders and Leaches to have a cart way over this dividend and also a convenient landing place and the way to lead to it as may be least detriment.


Above shares to these parties respectively, their heirs and assigns for ever.3


JOSEPH POPE JOHN BALCH THORNDIKE PROCTOR Committee to division


March 27, 1708 June 21, 1708, S. Sewall J. P.


I A drift way was a narrow way for passage of animals and carts.


2 Essex Registry of Deeds, book 20, leaf 186.


3 Essex Registry of Deeds, book 20, leaf 186.


LANDS OF RICHARD INGERSOLL


RICHARD INGERSOLL settled at Salem in 1629 and was granted eighty acres of land by the Town of Salem in 1636. Other smaller grants of land were made to him subsequently. He emigrated from Bedfordshire, Eng- land, in 1629 and was one of the earliest of the pioneers.


In the letter of the Governor and Deputy of the New England Company, written at London, May 28, 1629, is found this reference to Mr. Ingersoll: 'There is also one Richard Haward and Richard Inkersall, both Bed- fordshire men, hyred for the Company, wth their fam- ilies, who wee yow may bee well accommodated, not doubting but they well & orderly demeane themselves.'


In 1637," he was authorized to establish a ferry over the North River. 'It is agreed that Ricd Inkersoll shall henceforward have one peny (a tyme to maintaine the ferry) for every pson he doeth ferry over the north (ferry) river duringe the towns pleasure.'


The location of the lands assigned him appears to be described in a deed given by Ann Knight, formerly the widow of Richard Ingersoll, to her two sons, John and Nathaniel Ingersoll, dated April 10, 1668: 'Abutting northerly by Frostfish Riverhead, Easterly by the Countrie rodeway, Southerly some land of Jacob Barney and Northerly the lands sometime Pascoe Foote, Now in Occupacon of Jacob Barney.'


Mr. Ingersoll's lands were bounded by tidewater on the west and south and some portion on the north, while 1 Salem Town Records, volume I, page 31.


19


LANDS OF RICHARD INGERSOLL


the eastern boundary was 'the Countrie rodeway' now known as 'Dark Lane.' His farm constituted a large point of land extending into the river and on which Mr. Ingersoll's house stood. Liberty Street runs through the middle of the farm to the Danversport Bridge. It was called 'Ingerson's Point.'


Mr. Ingersoll died in 1644, and by will he devised all his estate of lands, goods, and chattels to his wife, Ann, except certain lands which he devised to his sons, George, John, and Nathaniel.


Shortly after the death of Mr. Ingersoll, the widow married John Knight, of Newbury, and went there to live, leaving Joseph Houlton, who was a servant of Mr. Ingersoll, living on the farm at Ryal Side.


By some means, William Paine, of Boston, obtained possession of the farm and sold it to Jacob Barney in 1651, for eight pounds, but did not give Mr. Barney a deed until July 26, 1657, and the lawful possession of the farm then became a matter of dispute between the Ingersoll heirs and Jacob Barney.


On April 10, 1668, 'An (her mark) Knight in remem- brance of her deceased husband and tender respect to thier children with the free consent of her now husband John Knight conveys to her sons, John and Nathaniel Ingerson, said eighty acres lying at a place called Royall Side with the Trees, woods &c.'


On the same date, power of attorney was given 'by John Knight sr. and An (her mark) Knight of Nubury to their beloved son John Potnam or Joseph Houlton to give possession of a farm to John and Nathaniel Ingerson.'


20


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Acting under this authority, John and Nathaniel Ingersoll demanded possession of the farm of Mr. Barney but he refused, claiming title under the deed from William Paine.


Writ: John and Nathaniel Ingerson V Jacob Barney sr. trespass done upon their land on Ryall Side in Salem near Frost fish river, by fencing, breakin and cutting down their wood and otherwise (under pretence of purchase made of Mr. William Paine, deceased) indeavoring thereby to put the plaintiffs from their just right to the said land: dated March 16, 1668-9. signed by Hilliard Veren for the court; and served by Henry Skerry, marshal of Salem.I


In the testimony given at the trial, John Porter testi- fied that John Knight came up from Newbury and offered to trade the whole farm for a cow, but Mr. Porter referred him to his neighbor, Mr. Barney, as the trade might be more suitable to him, as his farm lay nearer the Ingersoll lands.


'Henry Bartholmew, aged about sixty years, deposed that he went with Jacob Barney sr of Salem to Mr. William Paine, then living at Ipswich, to assist said Barney in buying the Ingersoll farm. Said Barney bought it and paid 8 li for it, 1651. For I finde on my booke in the 3r mo 52 that I had Charged Jacob Barney debtor for the said 8 li. that I had paid Mr. Paine for him and that he had at that time pd me most of it.'


John Putnam deposed that 'in 1641 or 42 said Richard the father had a house standing upon the land com- monly called Ingerson's point adjoining Willistone's river, near the place of fishing and there planted corn.'


I Records of the Quarterly Courts, volume 4, pages 109-112.


FROM BROWN'S FOLLY LOOKING WEST


Lands of Jacob Barney in foreground. Lands of Richard Ingersoll, beyond. Leach's or Long Cove on left, Barney's Cove on right


21


LANDS OF RICHARD INGERSOLL


Verdict of the jury: that the land was granted to the plaintiff, that defendant bought it before 1652 and possessed it by felling timber &c. and that if this was a legal possession according to the law of 1657 they found for the defendant, if not for plaintiff.


The Court found for the defendant Barney, but the Ingersolls were apparently not satisfied with the verdict and had the case reviewed,1 when Mr. Barney again secured judgment, the jury finding a verbal sale to him by Mr. Paine about 1651.


Mr. Paine's deed to Mr. Barney was presented as evidence in the Court's review:


Deed dated July 5, 1657 from Will. Paine of Boston mer- chant to Jacob Barney of Salem for 8 li. land in Salem wch land was sometime the farme lott of Richard Ingersoll of Salem, deceased ye wch farme is bounded one the East wth the farme of Jacob Barney one the west wth ye farme of Paskee Foote & one South wth the river caled frost fish River & one ye North wth a farme sometimes in the possession of Jno Holgrave all wch said land beinge about one hundred Acres more or Lesse togeather wth ye salt marsh lying wth it.


Among other witnesses who testified at the review there appears:


Mighill Cresie aged about forty years, who deposed that about sixteen years ago in the winter time he worked with Jacob Barney jr. one day helping him to get railes and fencing stuff upon the farm between Leeches Hill and Frost fish river, adjoining the farm of Jacob Barney sr. where Jacob jr now lives.


Joshua Ray 2 aged about thirty eight years deposed that the


I Records of the Quarterly Courts for Essex County, volume 4, pages I44-145.


2 Joshua Ray was a prominent citizen and lived on Conant Street; his lands comprised what is now known as the Proctor farm.


22


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creek or cove below the Bas point on Frost fish river, above twenty years ago was always considered the bounds between Jacob Barney and Richard Ingersoll. Then there ran a fence from that creek up towards Barne's old Barn.


The testimony given at the trial brought out the loca- tion of the houses where Barney and Ingersoll lived.


John Putnam, aged about forty years, deposed that the Cove below Bass point was the bound between Engersell and Barney and from that Cove there was a fence made by Jacob Barney sr. to his old house.


The Ingersoll house, according to the information given by the various witnesses, was situated on the point of land over which Liberty Street was laid out and stood not far from 'Spite Bridge.' I


The 'rodeway' (Dark Lane) 2 was the eastern bound- ary of Mr. Ingersoll's land. The location of the fence referred to in the testimony of Joshua Ray and John Putnam, separating the lands of Barney and Ingersoll, is now marked by a stone wall which runs from the Cove (Barney's Cove) easterly, near the house of Herbert W. Staples, 103 Elliott Street, to the home- stead lot, between Elliott Street and Dark Lane, of Mr. Charles E. Foster.


The point of land west of Barney's Cove was Bass Point, and lying between Bass Point and Liberty Street was 'the basing place' or public fishing place.


On an old plan showing the 'way through Ryall Side,' on file at the office of the Essex County Clerk of Courts, an old way is shown running due west from the location


I Danversport Bridge was formerly called 'Spite Bridge.'


2 Dark Lane is now called Foster Street.


23


LANDS OF RICHARD INGERSOLL


of the Barney house, across the present location of Elliott Street and through the Ingersoll lands to a place on the point where the Ingersoll house stood. It was used for many years as a 'water way' and in the early part of the nineteenth century was called 'Webb Road.'


With the exception of the buildings erected on Elliott and Liberty Streets, a large acreage within the confines of the Ingersoll grant remains unoccupied and cleared of timber growth.


After obtaining possession of the Ingersoll farm, Jacob Barney, Jr., divided it into lots, which he sold to various purchasers, and upon which he must have real- ized a profit, for his father bought the entire farm of one hundred acres for eight pounds, or at the rate of forty cents an acre, and this was a lower value than the cur- rent value of one of John Porter's cows for which John Knight offered the Ingersoll farm in trade. Finding, however, that his title to the Ingersoll farm was in- sufficient, Jacob Barney, Jr., on February 16, 1691/2,' paid to George Ingersoll and Nathaniel Ingersoll the sum of fifteen pounds, receiving a release of all interest which the Ingersoll heirs had in the property.


I Essex Registry of Deeds, book 51, leaf 51.


LANDS OF LAWRENCE LEACH


LAWRENCE LEACH came from England in 1629 on one of the ships in the service of the New England Com- pany, at the time William Ryal came. The letter from the Governor and Deputy of the Company to Captain Endicott, at Salem, contains a very complimentary reference to Mr. Leach, and was written from Graves- end, April 17, 1629: 'Wee desire yow to take notice of one Lawrence Leach, whom we have found a carefull & painfull man and wee doubt not but hee will continue his dilligence; lett him have deserving respect.'


Several assignments of land at Ryal Side were made to Mr. Leach from time to time, some of which are among the earliest recorded. He established his home near the 'greate hill' (Folly Hill) at what is now known as the Putnam farm on Elliott Street.


He was a prominent and respected man in the colony and had many years of service as a juryman and select- man. His first recorded service was as a juryman at the court held at Salem, September 27, 1635. At the time of his settlement, his nearest neighbor was Richard Ingersoll, whose lands lay west from Mr. Leach's, and the names of these two pioneers are found in an entry in the Salem town records of 1635, when the Selectmen voted 'that Lawrence leach, Richard Ingersoll & others be sure to lea[ve] roome for high wayes for Carts to bring home wood &c.'I The Selectmen were soon in- I Salem Town Records, volume I, page 9.


25


LANDS OF LAWRENCE LEACH


formed That between 'Lawrence Leach and Richard Ingersoll they doe promise to make a suffitient Cart way.'


Jacob Barney was granted the land on the north of Mr. Leach and the early situation in this locality is de- scribed in the Salem town records, February 5, 1643: 'It is ordered that the Lotts that are layd out next to Goodman Leeches at the great hill as namely Jacob Barneyes and Richard Ingersolls shall determyne (all three) with a streight lyne at the tope of the hill at the marked tree where Lawrence Leeches lot doeth end Provided it comes not within any mans propertie.' I


This 'lyne' is now marked by a stone wall which runs from the head of Long Cove,2 at what is now the junction of Dark Lane and Elliott Street, in an easterly direction over the hill, southerly of the Salem Reservoir.


While this wall plainly defines the separation of the Leach and Barney lands, it does not appear to define so distinctly the separation of the Barney and Ingersoll lands as subsequent claims of Jacob Barney and the Court's decision appear to indicate. This boundary, however, is mentioned in the general lease of 1677/8, the northerly boundary of the Leach lands being defined by a line running 'Southwest to ye head of ye cove.'


Mr. Leach lived on his farm until he sold his home- stead to his son, Richard, prior to 1650, for about that time he acquired the cornmill of John Friend for forty pounds, paid ten pounds on account, and operated the mill until he died in 1662, intestate.


I Salem Town Records, volume I, page 124.


2 Long Cove was also called Leach's Cove.


26


RYAL SIDE


When Mr. Leach bought the cornmill of John Friend, it appears that upon a two-acre lot adjacent to the mill, at what is now the junction of Mckay and Elliott Streets, 'John Friend som tyme built one dwelling house' within the confines of the William King lands. Mr. Leach appears to have occupied this house, and, while it is mentioned in the inventory of his estate, he never possessed the title, as it was later purchased by his son, John Leach, of William King, on November. 8, 1662.1


Although the cornmill is also included in the inven- tory of the estate of Lawrence Leach, he never possessed the title, for the property was conveyed by Samuel Friend, administrator of his father's estate, by bill of sale to John Leach, September 7, 1665.2


The inventory of his possessions, taken after his death, shows that Mr. Leach died possessed of a small estate. His desire as to the disposition of his property was thus presented to the court: 3


Lawrence Leach, Aged 85 years or thereabouts being par- fitte in memory neer a yeare before his death expressed himself unto us whose names are hereunder written in the disposing of that which he had, we beinge urgent wth him to make his will his expressions to us was this first he said that he did owe thirtie pounds for the mill & his will was that his wife should pay his debts and when his debts were paid that shee should take all hee had.




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