Nicholas Batt (1612 - 1677)

Born 9 Nov 1612 in Devizes, Wiltshire, England

Husband of Lucy (UNKNOWN) Batt — married [date unknown] in England

Descendants

Died 6 Dec 1677 at age 65 in Newbury, Essex, Massachusetts Bay

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Nicholas Batt migrated to New England during the Puritan Great Migration (1621-1640). (See The Great Migration (Series 2), by R. C. Anderson, vol. 1, p. 200) Join: Puritan Great Migration Project Discuss: pgm

Disputed Parents

Assorted unsourced parents have been suggested for Nicolas

• John Batts & Elizabeth Lewen
• Richard Batt & Agnes Danyell

Biography

There is no record of the birth or marriage of Nicholas Batt. He came from The Devizes in Wiltshire and was a linen weaver by trade. He emigrated in 1635 with his wife and oldest daughter Ann, so it is estimated that he probably married Lucy about 1633 and was born about 1608^[1]

Nicholas Batt is listed as a passenger on board the James in 1635, "William Cooper, Master, three hundred tons. She sailed from Southampton April 5 and arrived June 3 with passengers and cattle.^[2] Winthrop calls her master 'Mr. Graves' and says that he 'had come every year for these seven years.'" Nicholas Batt is listed as "of Devizes, county Wilts, linen weaver" and bound for Newbury. Also listed are his wife, Mrs. Lucy Batt and daughter Anne Batt. There are no ages listed for any of these people. ^[3]

Nicholas Batt, who came to New England on the ship the James, was the keeper of the herd of cows from March to November 1638. ^[4]

Nicholas Batt of Newbury, weaver, sold 3 acres of meadow to John Bartlett of Newbury, Shoemaker, on 4 Apr. 1649.^[5]

In Sept. 1654 Nicholas signed the petition in support of Robert Pike of Salisbury.^[6] On 9 Apr. 1657 he also signed a petition in support of his neighbor William Titcomb.^[7]

In 1663 Nicholas “for diverse good causes… but especially in consideration of part of a portion with my daughter Ann, in marriage with John Webster, blacksmith” gave to John and Ann four acres of upland and meadow which had been granted to him by the town of Newbury for his houselot.^[8]

On 29 Feb. 1669/0 Richard and Hannah Dole of Newbury sold to Nicholas a four acre lot in Newbury.^[9] On 3 Feb. 1670/1 Edward Richardson sold to Nicholas “half an acre of land… that I lately bought of John Merrill that lyeth in Newbury at the lower end of the Ox Common.”^[10] Nicholas was made a Freeman 11 May 1670.

Nicholas was one of the folks who supported Edward Woodman in his contest against the Rev. Thomas Parker and was fined 13s. 4d his support.^[11]

Will and Dispute^[12]

Nicholas made his Will on June 18, 1674. He died on December 6, 1677, at Newbury, ^[13] and the inventory of his estate was taken on December 12, 1677. In his will, Nicholas disposed of the land he owned and the rest of his estate. He daughter Mary Elithorp; Sarah Mihill; grandchildren Nicholas Webster and Nicholas Mihill; granddaughters Sarah Webster, Mary Elithorp, Sarah Mihill; my wife; "to John Webster at his marriage" "his haiers being my daughter ann's Children"; daughter Anne Webster; daughters Mary and Sarah; friends Richard Dole and Benjamin Rolfe; witnesses Richard Dole and Jno. Dole. He made his wife the sole executrix of the estate.

The Will was proved March 26, 1678 at the Ipswich Court, Essex, Massachusetts, and John Webster made objection. John said that, when he married Ann Batt in 1654, Nicholas promised to John the house that he (Nicholas) then lived in and all his land (and the privileges that went with them) upon the death of Nicholas's wife. Ann received part of her bequest immediately. John objected to the Will because Nicholas, in his Will had not disposed of his house and lands as he had promised to John and Ann, and Nicholas's wife, the Executrix, was offering the property for sale. Unfortunately, there is nothing in the records to tell us how this objection was resolved.

"I Nicolass Batt of Newbury… Doe make and ordaine my last will and Testament…

First I give to my daughter, Mary Elithorp or har haiers a fether-bed, bolster and pillow wt a pr of Sheets, and a pr of blankets.

2 To Sarah Mihill, I doe give a cow, and pr of Sheets, wt the six yews and lambs thay have alredy

3 To my two grand-Children Nicholas Webster, and Nicolas Mihill, I give ech of them a yew and a lamb.

4 To my 3 grand-daughters, Sarah Webster, Mary Elithorp, and Sarah Mihill, I give to ech of them a pewter plater.

5 All the Rest of my esteat, both Lands, housing, orchard, and Chattells or moveable estat I give to my Wife dureing har lifetime provided yt She Continew a widdow; excpt a lott of meadow wch I gave to John Webster att his marriege; also I make my wife Sole Executrix of my estate.

6 And after my Wife is deceased I doe order and appoint yt all ye estat that is remaining, Shall be equally devided into five equall parts, and yt my daughter Anne Webster, shall have two parts: and ye other three parts, Shall be equally devided, betwen my two daughters, Mary and Sarah, or thaier haiers, allwaies provided yt John Webster, or his haiers being my daughter ann's Children, Shall have liberty to buy the land of both my other Children, that is, thaier parts, if he or his haiers will give full as much for it, as any other man will give,

7 Also I doe desier, and appoint my Lov: freinds, Richard Dole, and Benjamin Rolfe over-seers to see that this my will and Testament be performed according to the full intent thereof in evry perticuler; and for to declare yt this is my last will and testamt I have hereunto Sett my hand and Seall this eighteenth day of June Anno Dom: one thousand, Six hundred, Seaventy fouer.
Nichlas Batt
Witness:
Richard Dole
Jno. Dole"

The inventory is very difficult to read, please feel free to add to any missing parts of this document!

"An Inventory of Nicholas batt estate taken by Samuell Ploumer and Benjamin Rolef december 12 : 1677

Housing and orchard- with ye land ye trees
stand on...........................................................40 – 0 – 0
About two akers & half of land called Colemans
Lot.....................................................................20 – 0 – 0
A lott of meadow called silver Lot about
5 ackers............................................................25 – 0 – 0
Another lot of medow about 5 ackers below
Ilslyes................................................................30 – 0 – 0
A lott & half of meadow att plom iland........18 – 0 – 0
A free hould.....................................................20 – 0 – 0
Half an acker medow at Pine Island Bridge...2 – 0 – 0
A [ ]..................................................................2 – 0 – 0
to cowe...............................................................7 – 0 – 0
18 sheepe...........................................................8 – 0 – 0
To pigs 14...........................................................0 – 14- 0
A fether bed bouster pillow [ ] blanket a [ ]
a rugg & [ ].......................................................10 – 0 – 0
Another fether bed bouster pillow coverled [ ]
blancketes & a small [ ] att.............................8 – 0 – 0
Seven [ ] of [ ]..............................................5 – 0 – 0
6 napkens 3 towels & tabell cloth...................1 – 0 – 0
To [ ] & 3 boxes..............................................1 – 0 – 0
Pewter.................................................................1 - 10- 0
To kettels to skillets to pots att.......................2 – 10- 0
A [ ].....................................................................1 – 0 – 0
A gunn [ ]..........................................................1 – 5 – 0
A warming pann & frying pan........................0 – 15 – 0
[ ] tramell pott hookes & other things.........1 – 0 – 0
Loome & [ ] att..............................................5 – 0 – 0
[ ]......................................................................1 – 10- 0
Sadele & pilling..................................................1 – 0 – 0
Wooll & [ ]......................................................1 – 10- 0
Lumber...............................................................1 – 0 – 0
[ ]....................................................................20 – 0 – 0
[ ] 7s 6d............................................................0 – 7 – 6
[ ] & boocks...................................................12 – 10- 0
3 barrels sider...................................................1 – 10- 0
..........................................................................239 : 1 : 6

Aboute 6 load of hay................................................003
To [ ]..............................................................0 – 10- 0

Lusie batt relict of Nicolas Batt upon oath delivered this to be a true Inventory of her late husband Nicolas Batts estate… the 26 of march 1678" ^[14]

Nicolas’ will was proved 26 Mar. 1678 and an objection was made by John Webster:

"Whereas Nicholas Batt of Newbury is lately deceased and the law gives liberty to prove a will before two magistrates, the clerk John Webster, who married the eldest daughter of said Batt, came to the Worshipfull Major Generall Denison, Esq., 6: 9m: 1677, and desired that no such will might be proved in private without his or his wife's knowledge, as they had something to say. They were so advised by the Honored Major Generall to have this caution entered

Deposition of John Emery, Sr. and Mary his wife, that in 1653 John Webster married Ann Batt, daughter of Nicolas Batt and in consideration of their marriage Nicolas Batt promised to give to the said John Webster with his daughter Ann his house he then lived in and all his lands that he had with all the priviledges belonging unto them after his and his wife's decease, and did immediately give to the said Ann possession of part of it in lieu of the whole and John Webster hath enjoyed it as his own proper estate to this day without molestation; furthermore Nicolas Batt promised to weave all the cloth that she made for nothing.
Sworn in Ipswich court Mar. 26, 1678

Deposition of John Emery, Jr. aged about fifty years, that in 1653 on the day that John Webster was contracted to Ann Batt eldest daughter of Nicolas Batt of Newbury he being at this father Emryes house heard Goodman Batt say that while he lived he would weave her cloth and after his decease and his wife's she as his heir should have all his houseing and lands for as his eldest dughter she should have a double portion and he accounted the houseing and land would amount to such a vaule; further Batt said that he would give his other children their portion as he could in his life time as he was able and in case he should die the other two daughter should have their portions out of his other estate.John Emery, Jr. confirmed this testimony Feb. 28, 1677 before Jo. Woodbridg, com.
Sworn in Ipswich court, Mar. 26, 1678

Deposition of John Webster, Jr., aged 22 years that about four or five months before the death of his grandfather Batt he heard his father and grandfather discoursing about building a room to his granfather Batt's house and if he did, of his grandfather giving him security from damage and his grandfather said he need not fear coming to loss for he had made a will and all his land was given to him after his death and his mother's; further, that ever since he took notice of things his father had enjoyed the orchard behind the house as is own and he had heard both his grandfather and grandmother say that the orchard was his father's and that after their death he was to have all the rest of the lands.John Webster, Jr. confirmed this testimony Feb 27, 1677 and John Webster, Sr., before Jo. Woodbridge, Sworn in Ipswich court, Mar. 26, 1678.

Petition to the Ipswich court Apr 30, 1678, of John Webster of Newbury, showing that Nicolas Batt late of Newbury did before the marrage of the petitioner to his daughter Ann, freely promise his house and lands with the priviledges thereto belonging, after his own and his wife's decease as a portion to his said daughter, yet notwithstanding, the said Nicolas Batt made his will and disposed of his land as his other estate, (which your petitioner conceives was not bequeathable being before disposed of to him on the marriage of his daughter) and the petitioner is debarred from the possession of the said land till after the death of the relict of the said Nicolas, who being made executrix of the will offereth the land to sell, whereby the petitioner is endangered to be defeated of his just right and he asks that the land may be secured and not alienated, or at least to accept this address into the public records of the court as a testimony of the petitioners continued claim. The Court Apr. 30, 1678 ordered that it may be recorded." ^[15]

Sources

1. ↑ Anderson: 1634-1635, Vol. I, Pages 200-204. View with NEHGS Membership.
2. ↑ Essex Antiquarian- Vol. VI, p. 188
3. ↑ Charles Edward Banks, The Planters of the Commonwealth: A Study of the Emigrants and Emigration in Colonial times 1620-1640. Genealogical Publishing Company, Inc, Copyright 1930, 2006. Page 137
4. ↑ John James Currier. History of Newbury, Damrell & Upham, 1902. Volume 1, p. 56 Link
5. ↑ Essex County Registry of Deeds- Vol. 114, fol. 21
6. ↑ Records and Files of the Quarterly Courts of Essex County: 1636-1686- Salem, 1911-Vol. I, pp. 366-7
7. ↑ Records and Files of the Quarterly Courts of Essex County: 1636-1686- Salem, 1911- Vol. II, p. 41
8. ↑ Ipswich Land Records- Vol. II, pp. 317-8
9. ↑ Essex Deeds- Vol. 18, pp. 9-10
10. ↑ Ipswich Land Records- Vol. IV, p. 313
11. ↑ Records and Files of the Quarterly Courts of Essex County: 1636-1686- Salem, 1911- Vol. IV, pp. 359, 361, 367
12. ↑ Probate Records of Essex County: Vol 1, Page 187
13. ↑ VR Newbury, Mass.: Page 546
14. ↑ Essex County Registry of Probate- Docket No. 2134, Vol. III, pp. 187-90 and Ipswich Land Records Vol. IV, pp. 151-2, 155
15. ↑ Probate Records of Essex County, Massachusetts: 1635 – 1681- The Essex Institute; Salem, 1916- pp. 187- 91; Ipswich Land Records- Vol. IV, p. 150, 155; Ipswich Quarterly Court Records, vol. 5, pp. 299, 303; Records and Files of the Quarterly Courts of Essex County: 1636-1686- Salem, 1911- Vol. VI, pp. 345, 425

• Source Banks, Charles E. The Planters of the Commonwealth: A Study of the Emigrants and Emigration in Colonial Times: to Which Are Added Lists of Passengers to Boston and to the Bay Colony; the Ships Which Brought Them; Their English Homes, and the Places of Their Settlement in Massachusetts. 1620-1640. Boston: Houghton Mifflin Co, 1930. [1]
• Anderson, Robert C, George F. Sanborn, and Melinde L. Sanborn. The Great Migration: Immigrants to New England 1634-1635 Vol.1: A-B (New England Historic Genealogical Society, Great Migration Study Project, Boston, 1999)
• The Probate Records of Essex County, Massachusetts (The Essex Institute, Salem, Mass., 1916-1920)Internet Archive
• Vital Records of Newbury, Massachusetts, to the End of the Year 1849 (Essex Institute, Salem, Mass., 1911) Vol. 2. Marriages and deaths.Google Books
• George Brainard Blodgette and Amos Everett Jewett. Early Settlers of Rowley, Massachusetts. 1933. Reprinted by the New England History Press, Somersworth, New Hampshire. 1981. Page 236. Available at:Link Link2