Ryal Side from early days of Salem colony, Part 7

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 7


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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Stating to the Court, in 1658, that his age was forty- seven, Mr. Bachelor was born in 1611, and came to Ryal Side when about twenty-eight years of age. When about


I Salem Town Records, volume I, page 201.


2 Essex Registry of Deeds, book 2, leaf 102.


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fifty years old, he was excused by the town from military duty 1 because of bodily infirmities, the probable result of years of hard labor in the forward struggle to improve his estate, indicated by one item in the inventory of his estate of forty-five acres of improved land.


His death occurred a short time subsequent to that of his wife, and he was survived by three of his children, Joseph, Hannah, and John, who were mentioned in his will, which also contained suitable provisions for the care of his wife:


John Bachelor, 7 mo. 1675. John Bachelor aged 63 being in perfect memory do make this my last will & testament in the year of our Lord 1675 & in the 25 year of the Reign of ye Sovereign & Lord, Charles the Second, King of England etc.2 I Bequeath my soul to the Lord Jesus my redeemer & my body to my friends by them only to be interred & what estate the Lord hath given I dispose of as followeth. -


It. I give unto my loving wife Elizabeth my dwelling house during her naturall life and then to be my Son John Bachelors, also I give her my moveable estate wheresoever it is (she paying fifteen pounds in legacies as hereafter is willed) & Six pounds Per annum so long as she remains unmarried & the keeping of two cows & firewood for her necessary use to be


I Salem Town Records, volume 2, page 192.


2 In this will, Mr. Bachelor indicates as his judgment that the year 1675 was the twenty-fifth year of the reign of Charles II. After the death of his father, Charles I, in 1649, the protectorate assumed control of the govern- ment. Charles II, who had fled to France, returned to Scotland in 1650 and was crowned at Scone by the Scots, January 1, 1651. Seeking to regain his throne, he marched into England with a small army, but was defeated by Cromwell. Upon the fall of the protectorate in 1660, he was called to the throne. Whether Mr. Bachelor was so ardent a monarchist that he ignored the protectorate or forgot the true political status of England between 1649 and 1660, we, of course, cannot decide. In any event, Mr. Bachelor seemed disposed for some personal reason to refer to this occurrence in English his- tory as it appeared to him, without much concern as to its historical accuracy.


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LANDS OF JOHN BACHELOR


pd. for at the charge of my two sons as it is hereafter ex- pressed, also I appoint her my executrix. I give my son John Bachelor my house I dwell in after my wifes decease and. 20 acres of land which I bought of John Scudder except 6 acres more or less, as it is now bounded which I give to John Cressy, as is hereafter expressed and take its beginning at Abraham Warrens well so down to the brook to the comon, the brook being bound between his land and his brother Josephs and also a piece of land that lyes at the upper end of the sd 20 acres without the fence with the hither end of my Salt marsh unto a place commonly called the Rocks where they cart down wood.1


It. I give my son Joseph Bachelor all my land in the field together with the orchard & barn and the Salt-marsh lying beyond the sd Rocks commonly caled Duck Cove,2 and half an acre of marsh that I bought of Joseph Roots and half an acre of Jeffrey Massey, my will is that my two sons aforsd shall pay their mother the yearly amt. of six pounds ye annum during her widdowhood & keep two cows & pvide firewood for her necessary use and the charges thereof to be equally borne by each and the sd six pounds to be yearly paid in such specie as shee shall desire.


It. I give my Grandchild John Cresy Six Acres of land lying within my son Johns land as aforsaid along Royal neck & five pounds to be paid by my loving wife before her decease.'


I entreat Mr Henry Bartholmew & Deacon Prince to see this will truly performed. In witness whereof I have hereunto put my hand & seal the year above written May the 17:


JOHN BACHELOR, Sen. his seal affixed


Under the will, Elizabeth, the wife, was named executrix, but she, having died a short time prior to her husband, the Court declared that John and Joseph


I Eastern Avenue leads over the 'Rocks where they cart down wood.'


2 'Duck Cove,' where the salt marsh lay, was also called 'Stoney Cove,' and is now called 'Aunt Betty's Cove.'


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Bachelor, sons of the deceased, have power of adminis- tration granted of the estate and to fulfill the above said will. The estate was appraised at two hundred and thirty pounds and John and Joseph Bachelor gave oath in court, December 22, 1675, to the truth of the inventory.


By the will, John, Jr., was devised the homestead and the lands on the south. Joseph was given the barn and land in the field, these lots being divided by the brook which runs parallel with Elliott Street, near Northern Avenue, 'the brook being bound between his land and his brother Josephs.'


Two of the daughters were deceased, Mary and Abi- gail. Mary married, in 1658, Mighill Creesy. She died in 1659, leaving a son, John, who at the death of his grandfather, in 1675, was placed by the Court under the guardianship of his uncle, Joseph. He was then a boy sixteen years of age.


Joseph erected a house on his land, now the golf grounds, on the westerly side of the field, the cellar of which is easily located near the wall a short distance from Elliott Street, and which was probably the site of his father's cabin.


Joseph died in 1683, and the estate descended to his son, Joseph, who died intestate in 1709. The adminis- tration was given to John Knowlton and his wife, Abigail, of Manchester, Abigail being a sister of the deceased, and they, for one hundred and sixty pounds, conveyed the property to John Creesy of Salem, tailor, December 27, 1709,' the deed stating, 'the land, dwell- ing house and the frame of a barn thereon.'


I Essex Registry of Deeds, book 22, leaf 205.


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LANDS OF JOHN BACHELOR


John Creesy, by this purchase came into possession of the property of his uncle, Joseph, with whom he had lived when a boy. This was the homestead lot granted to his grandfather in 1639. John Creesy, who died in 1735, devised the property to his son, Noah, which was described in the will as 'a four acre lott and the house and barn which I bought of Joseph Batchelor.'


Noah Creesy died in 1799, devising to his son, Na- than, 'all the remainder of my land not already disposed of together with my house and barn.'


LANDS OF JOHN BATCHELDER, 2D


JOHN BATCHELDER, 2d, was born June 14, 1650, and married Mary, the daughter of Zachariah Herrick. He died August 6, 1684, intestate, after a comparatively short period of married life, leaving five minor children; his wife had died a short time previously.


Salem Church records: December 4, 1684: 'John Batchelder and his wife Mary being deceased gave good hope of being in the faith and if they had lived longer purposed to join in communion with this church but being prevented by death, their children are subjects of baptism.'


Mr. Batchelder came into possession of much of his father's lands, to which he added a considerable acreage under the general lease by the Town of Salem, February 1, 1677.ª Under this lease, which ran for a term of one thousand years, he was named as one of the proprietors of all the common lands of Ryal Side, with an allotment of one hundred acres of land at an annual rental of five pounds and six pence.


At the time of his death, the children living were John, Jonathan, Josiah, Elizabeth, and Mary. His portion of the common lands was leased to him seven years prior to his death, but it was not until March 2, 1707, that a formal partition of the common lands was made by the agreement of all the lessees and acknowledged, March I Salem Town Records, volume 2, page 269.


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LANDS OF JOHN BATCHELDER, 2D


27, 1708.1 At this time, Mr. Batchelder's rights and interest in the commons were conveyed to his three sons, John, Jonathan, and Josiah, whose ages at their father's death were ten, eight, and six respectively.


The estate was placed under the control of three ad- ministrators, Deacon Peter Woodberry, Sergeant John Leach, and Zachariah Herrick, but the latter having died before the trust was completed, the return of the two administrators was made to the Probate Court and approved November 23, 1696. The account, one item of which was 'bringing up 4 children II years,' showed an expense of £306, 6s., which, when taken from the ap- praised value of the estate, £793, IIs., 9d., left a balance of £487, 5s., 9d., to be divided, as follows: John, the eld- est son, received, under the English law of primogen- iture, which was the customary procedure, the double portion of £162, 8s., 6d., and the other four children re- ceived £81,4s., 3 1/2d. each. These four had guardians appointed in 1697 and the children had the estate di- vided March 10, 1697.


In the report of the administrators, a paragraph reads: 'These sons to keep the lands & pay the Daugh- ters their portions in moveables to their content and satisfaction they giving bond on the securities to per- forme the Same in Some reasonable time.'


In the division of the lands, John, the eldest son, was assigned the westerly division, Jonathan, the middle division, and Josiah, the easterly part. These parcels, which largely comprised the lands leased to the father, February I, 1677, were enclosed by line boundaries which were somewhat irregular. Under the agreement Essex Registry of Deeds, book 20, leaf 186.


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of March 2, 1707,' the part assigned as the Batchelder division, March 27, 1708,2 was as follows:


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 & thence east to a heap of stones from thence east still to a stump near Mr Greens wall & from thence South as the wall runneth till it comes to Mr. Newmans line & from thence North West to Newmans corner & from thence South East to Cove & thence over ye Cove to Creeses wall & from thence up to ye Spring which Spring is for ye use of ye North Field parties as well as ye said Batchelder & from ye spring to a stake and heap of stones & from thence to a white oak Ist mentioned about 100 acres & shall have liberty to pass over with carts over both ye other dividends Leaches & ye North Field parties.


Starting from the spring at Stoney Cove, the lines may be easily traced, as a large portion of the stone wall which encloses the leased lands, and which is nearly three miles in length, is now standing. The main ex- ception is that portion from the site of the church build- ing on Bridge Street, northerly to Elliott Street. As this portion ran in the middle of the location of Bridge Street from this point, it was removed when the street was laid out.3


I Essex Registry of Deeds, book 20, leaf 187.


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


3 May 31, 1856, the General Court authorized the County Commissioners to lay out the highway, now named Bridge Street.


June 12, 1869, a second Act was passed, authorizing the Town of Beverly to construct a water main.


July 22, 1870, on petition of Elias Magoun, the County Commissioners authorized the town to construct the bridge and to complete the highway from Federal Street to Cressy Street.


October 1, 1874, the County Commissioners defined the lines, conformably to the lay-out.


IOI


LANDS OF JOHN BATCHELDER, 2D


Jonathan and Josiah built houses on their respective divisions, but the house of the father, which was given to the older brother John, survived them both by a century.I


The angle formed by the western and northern bound- aries of the Batchelder lands is about twenty rods west of the head of Friend Street, and at this point a white- oak tree stood at the time the leased lands were de- scribed. The western Boundary abutted the lands of Sergeant Leach.


In the partition of the lands to the sons, 'the old way,' of which Cressy Street and Elliott Street are a part, was used as a dividing line of the north and south divisions of the lands, the southerly division being called 'Royal Side.' 2


At the junction of what is now Cressy and Bridge Streets, there stood at that time another white-oak tree, which was the mark at the western point of the divi- sional line which extended easterly along Cressy and Elliott Streets as far as the golf grounds, which lot was owned at that time by John Creesy, a cousin of the Batchelder boys.


Partition: John Batchelder hath the house & barne &


I In the early years of the occupation of my homestead, the site of which was formerly included in the southerly garden of the Batchelder homestead, information was requested of me on several occasions concerning the history of the old house mentioned in this chapter and for over two centuries a prominent landmark. My inability to give any induced the wish to know something of it, and in the research which followed, which to me has been simply a matter of personal pastime, the horizon of exploration carried far beyond the confines of the Batchelder lands and the old house of the home- stead within which Miss Bartlett, now Mrs. Pierce, and I, have spent many pleasant hours in days of our youth.


2 The partition of the Batchelder lands is to be found on the map under front cover.


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outhousing and his share of the homestead that Lyeth next to Sargent Leach, his land and at the South end next to Royal Side to begin at a white oak tree which is John Leach his bound & So Eastward forty six poles to a heep of stones & at the North end forty five poles wide by the land of Cornett Howard to a heep of stones.


Jonathan Batchelder's share is next, at the South end forty five poles & at the North end twenty poles wide & then all the remainder of the land to John Cresseys bounds is for Josiah Batchelder, the division on Royal Side is as followeth - Johns division is first Westwardly beginning at the white oak tree first mentioned soe to run eastward by their own land sixty poles & at the Southern end twenty six poles and a half wide.


The next division is for Jonathan, at the North end next to their own land sixty poles wide & at the South end twelve poles and a half wide. Then all the remainder of the land Eastward to John Greens stone wall belongs to Josiah Ex- cepting four acres which belongs to Joseph Batchelder & we have observed that if they fence in their shares to themselves a highway of a pole wide shall be left Across the South end of their lotts to apiece of ground that was formerly left for a way to the watering place that Soe they may all come to the water and the lower point of land from the corner of John Cresseys stone wall & Soe over to John Greens stone wall is to belong to John Batchelders part.


JONATHAN PUTNAM JOSEPH HERRICK EBENEEZER WOODBERRY


Committee


The three brothers became prominent in the affairs of the community and were active in the founding of the church at Horse Bridge (Second Parish) in 1714.


John, 3d, the eldest son, was born April 16, 1675, and married, April 26, 1696, Bethia Woodbury, after whose


JOHN BATCHELDER, 2D, HOUSE


Built about 1673 Stood on Cressy Street. It was torn down in 1919, after standing 245 years


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LANDS OF JOHN BATCHELDER, 2D


death he married Sarah Ray. By the partition of the estate, March 10, 1697, John came into possession of the house of his father, who probably built it at the time of his marriage in 1673. As the house was taken down in the fall of 1919, it stood for about two hundred and forty-five years.


His will, which was presented for probate January 13, 1747, contains to some extent a fair description of the interior of the house and otherwise presents some queer provisions, which were, however, not uncommon in the early days.


He devises to his wife, Sarah, the use of the westerly room with the cellar under and the bedroom annexed to it; 'also of ye Westerly end of ye Garrett ... and the Liberty of Baking in ye oven in ye Easterly Room.' 'I likewise give to her the use and improvement of so much of my Garden as she shall need ... and ye liberty of keep- ing one swine at ye door.'


'Joseph shall provide one horse for her to ride to ye Public Worship or carry her thither on horse back as often as shee shall desire it. all ye above mentioned I give to my wife during ye time that shee shall continue to be a single woman and no longer .... I also give to her my molatto woman named Rachael and to ye sd Rachael, I give ye bed and bed cloths shee usually makes use of.'


Certain provisions were made for the daughters, Sarah and Bethia, in money and personal property. To Joseph, 'my long Gun & my Rapier & my Weavers Loom & weaving Gear or tackling and my flax Comb & Stillyards I leave to his use & ye use of each other of my children in common.'


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'My Hatt and Wearing Apparril I give to my son Danl., and to each John and Daniel the sum of five pounds to be paid by Joseph.'


Joseph was given the dwelling-house and barn and 'to my Son Joshua my Shop upon condition that he shall think fitt to remove it to his own land otherwise it shall be my son Joseph's.'


The lands were divided among the four sons, John, Daniel, Joshua, and Joseph, but prior to such division 'there shall be a way of Eight feet wide laid out from ye high way by ye shop to ye well, which way ... shall re- main to the use of my wife & each of my children in Comon forever.' The Court appointed Joshua, the third son of the deceased, executor. John Batchelder, 3d, died in the early part of January, 1747.


On February II, 1748,' Daniel Batchelder and John Batchelder, 4th, conveyed to their brethren, Joshua and Joseph Batchelder, of Salem, coopers, and Job Cressy (son-in-law), of Salem, taylor, all right, title, and in- terest they each held in the estate of their 'Honoured Father, John Batchelder, late of Salem.'


On April 3, 1749,2 Joshua, Joseph Batchelder, and Job Cressy, now in possession of the entire estate, mutually agreed to a partition :


By agreement of the above, Joshua Batchelder is the lawful owner by heirship and purchis of five twelfths ... , Joseph Batchelder being the lawful owner by heirship and purchis of five twelfths ... and Job Cressy being the lawful owner of two twelfths ... , the said parties mutually have divided all the said Real Estate as followeth: -


I Essex Registry of Deeds, book 105, leaf 221.


2 Essex Registry of Deeds, book 105, leaf 219.


IO5


LANDS OF JOHN BATCHELDER, 2D


To Joshua there was assigned fifteen acres and fifty-four poles of land adjoining his dwelling-house on the north side of the highway. Also one piece of land adjoining the first containing over eleven acres on the south side of the highway. Also one piece of land in the southern part containing twelve acres, 'which foregoing parts or parcels sett out to the said Joshua Batchelder are in the the judgement of the said parties five twelfths of all the said Real Estate.'


To Joseph 'they have sett and laid out fourteen acres and fifty four poles of land adjoining his dwelling house ... , bounded West on Leach and others,' north of the highway. 'Also one piece of land in the southern part containing seven acres.'


There was assigned to Job Cressy one lot of six acres and thirty poles adjoining land of Joshua and Joseph near the middle of the land on the north side of the highway. Also one lot in the southern part 'near Numan's containing eight acres.'


Granting 'to each other the free liberty of passing and repassing to and from the well always Allowing the way to the well eight feet in wedth ... and Liberty of Driving Creturs over each of the partys division.'


'JOSHUA BATCHELDER. 'JOSEPH BATCHELDER.


'JOB CREESY.'


Under the will the house was given to Joseph and in the division of the lands he was assigned the land ad- jacent, comprising over thirty acres. Joseph lived on the place for several years and then moved to Andover, Massachusetts, from which town he enlisted in the Revolutionary Army as a sergeant. He died in 1816, possessed of only a small parcel of real estate, which the inventory shows was in Andover.


Upon his removal to Andover, he disposed of his


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house and lands at Ryal Side to Jonathan Creesy, son of Noah Creesy, but while no record of conveyance ap- pears in the Registry of deeds, other records show pos- session by Jonathan Creesy, who lived here and carried on the farm for many years.


The registry and probate records do not appear to show the descent of title from this time for many years, but other records of title conveying adjoining real estate indicate that the title was held by the Creesy family from the Revolutionary period to the time of the Jona- than Creesy who died possessed of the property in 1869.


Jonathan lived on the place for many years with his brother, Israel, and wife, Sarah, and during this time it was known as the 'Jonathan and Israel house.' Jonathan survived his brother, Israel, and by will dated January 17, 1865, devised to 'Sarah Creesy, widow of my brother Israel Creesy, deceased, all the estate of which I shall die possessed or entitled to of whatever name or nature.'


Item. I hereby appoint Sarah Creesy above named sole executrix.


JONATHAN CREESY.


Witnesses,


Rufus Putnam, George W. Kent, William Bradstreet.


From Sarah Creesy the property was conveyed to William Trask, December 17, 1870," and by him sold to Peter E. Clark, May 17, 1875.2


Mr. Clark disposed of a considerable portion of the


I Essex Registry of Deeds, book 813, leaf II.


2 Essex Registry of Deeds, book 927, leaf 99.


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LANDS OF JOHN BATCHELDER, 2D


lands of the old homestead during his ownership, con- veying the house and the home field of four acres to Angelo C. Brown in the early part of 1884,' and the heirs of Mr. Brown removed the house in 1919. The passing of the house removed a landmark in the neigh- borhood which undoubtedly had survived all the houses built by the earliest members of the Batchelder family in New England. It was a well-built house of the time of its construction, and the chimney, which measured twelve feet by ten feet at its base, contained five fire- places and five ovens.


In the eastern and western rooms were good speci- mens of pine paneling, while surfaces and bevels on the heavy oak timbers which supported its floors and walls gave evidence of the character of workmanship em- ployed in the construction of one of Ryal Side's earliest houses. It was undoubtedly a production of Zachariah Herrick, a master carpenter and father-in-law of John Batchelder, 2d.


The first-born child in this house was John Batchel- der, 3d, April 4, 1675, and the last was Miss Florence G. Brown, December 29, 1888, an interval of two hundred and thirteen years, eight months, and twenty-five days.


I Essex Registry of Deeds, book 1115, leaf 51.


ESTATE OF JOSHUA BATCHELDER


JOSHUA BATCHELDER was the third son of John Batchel- der, 3d, who, in the division of his father's estate, be- came possessed of nearly one half the lands, by purchase and inheritance. His possessions comprised a large part of the property known as the Caleb Friend farm, re- cently the farm of the late William A. Creesy. His house stood on the south side of the highway and the barn on the north side at the junction of Elliott and Cressy Streets.


Mr. Batchelder carried on his farm in a prosperous manner, and, while the appraisal of his estate amounted to only about one thousand dollars, the various items exhibited in the inventory of household utensils and personal estate indicate a well-provided and comfortable home. He was a respected citizen and a man of excellent character. The late John B. Creesy, shortly before his death, told of his visits to the homestead when a boy and of hearing on several occasions from a daughter, Apphia, words of respect for her father, Joshua.


He died in March, 1763, and his wife was appointed administratrix, April 18, 1763. The inventory, taken by Josiah Batchelder, Job Creesy, and Jonathan Batchel- der, shows: 'One house and Barn and about thirty acres of Land ... with ye Buildings thereon.' The appraisal of the entire estate amounting to £204, 95., 7d.


No partition was made of the estate of Joshua until after the death of the widow, Mary, when the surviving


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ESTATE OF JOSHUA BATCHELDER


heirs, Nathan, Huldah Twiss, wife of Robert Twiss, and Apphia, the widow of Reuben Kennison, agreed to divide it. This was done by deeds of conveyance ac- cording to the terms of which each of the heirs received their respective parts by mutual agreement, the location of the various allotments being well described in each case, Nathan, the son, being allowed the house and barn with land adjacent to the homestead, and the daughters, Huldah and Apphia, their proportions of the lands.


'Know all men by these presents that whereas Joshua Batchelder cooper and Joshua Batchelder mariner and Mary Batchelder widow, all late of Beverly in the county of Essex, deceased, did at the time of their de- cease leave to us a certain Dwelling hous and barn and several pieces of land situated in Beverly to be divided as the law directs between Nathan Batchelder, Huldah Twiss and Apphia Kinneson, children or heirs at law to said real estate,' Therefore on April 19, 1794,1 Nathan Batchelder, with the consent of his wife, Sarah, and Robert Twiss, mariner, and Huldah Twiss, his wife, in her own right, convey to their sister, Apphia Kinneson, a two-acre lot on the north side of Cressy Street; a lot of one hundred and fourteen poles, near the house on the south side of the highway, and a four-acre lot, 'south- erly by land of Israel Woodberry ... , westerly Nathaniel Creesy ... , Easterly by Jonathan Creesy ... , northerly, land released this day to Robert & Huldah Twiss.'




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