Minor Revolutionary War Incidents Near Pelham

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Slowly I have been assembling information about Revolutionary War events in and around Pelham other than the well-known Battle of Pelham on October 18, 1776. I have located a book that describes Revolutionary War events taken from local newspapers of the day. A few of these descriptions relate to ship engagements off the shores of City Island, then part of Pelham. Today's Historic Pelham Blog transcribes a few of those events from that book as well as from books on the Revolutionary War in Westchester County written by Otto Hufeland in 1926 and by Henry B. Dawson in 1886.

"July 3, '79, Riv. On Tuesday last, a party of refugees from Long Island crossed to West Chester, and brought off, with the assistance of the guard ship below City Island, 50 milch cows, 12 or 14 horses, and 150 sheep, which they drove to Jamaica Plains. None of the party received any injury."

Source: Onderdonk, Henry, Documents and Letters Intended to Illustrate the Revolutionary Incidents of Queens County: with Connecting Narratives, Explanatory Notes, and Additions, p. 136 (NY, NY: Leavitt Trow and Co. 1846).

"Oct. 2, '79, Riv. The sloop Sally, Sept. 28, laden with provisions for His Majesty's sloop Swift, between City Island and Oyster Bay, was chased on shore by two whale boats, but the armed Brigantine Edward, Capt. J. Peebles, master, stationed in Hempstead Bay,* retook the Sally and her provisions, with a new 7 oared boat having a swivel and 11 muskets, killed 3 men and took several prisoners. [Capt. Peebles was himself subsequently taken by surprise, and was succeeded by the Ranger, which lay till the peace at the Deep Hole outside the beach. -- Ed.] *In June '79, she lay in the East river."

Source: Id., p. 171.

"Mar. 1, '80. The Grand Duke was a guard ship at City Island a fortnight ago. -- Con. Gaz.

Source: Id., p. 145.

"March 31, '81, Riv. Capt. Ives, of the Associated Loyalists, with 22 men in an unarmed schooner, commanded by Capt. Church, was sailing from City Island to Lloyd's Neck, in company with two other vessels armed with swivels, when he was attacked by four whale boats full of men, from Stamford, which he beat off with muskets only, although the rebels took the armed vessels and turned the swivels against Ives' party. In the midst of the firing, two rebeles were seen to fall overboard, and three others appeared disabled. Two boats, which afterwards drifted ashore, were bespattered with blood, and shot through in several places. One had a dead man, four muskets and several coats in it. Next morning another man was found dead on the shore. During the contest, Capt. Church was forced to run his schooner on shore, when the rebels landed a party to annoy the loyalists more effectually, but were driven off by the militia of Long Island, who readily turned out."

Source: Id., pp. 220-21.

"With the Americans lying between two large navigable rivers about six miles apart, the large army and fleet of the British, put it into the power of Howe to divide his forcs, leave a substantial body in the City of New York in front of Washington and transport the rest up the Hudson or East Rivers or both, to points behind him and cut off his retreat. Howe had made himself familiar with the shores of these rivers, for as early as July 12th [1776], he had sent two vessels up the Hudson as far as Verplanck's Point, which did not return for three weeks, and on August 27th two others sailed up the Sound as far as Pell's Point and City Island. 1 . . . 1 Col. of Revolutionary MSS., I, 463."

Source: Hufeland, Otto, Westchester County During the American Revolution: 1775 - 1783, p. 108 (White Plains, NY: Westchester County Historical Society 1926).

"On August 28, 1776 Colonel Joseph Drake writes to the State Convention from New Rochelle:

The enemy lay yesterday and all last night by Hart Island; this morning they removed a little to the southward of Minefords (City) Island, where they at present lay. They have not been able to plunder much. They got from Minefords Island four horned cattle and some poultry, which is all we have been able to learn they have plundered. I imediately sent Captain Hunt, with about fifty men from New Rochel, who, with the help of a part of Colonel Graham's Regiment drove off all the cattle from the Island, to the amount of thirty odd head. 2 . . . 2 Force, American Archives, 5th Series.

Source: Id., p. 108.

Henry B. Dawson, in his book published in 1886, describes the same incident as follows:

"Early on the morning of the twenty-seventh of August [1776], two ships and a brig anchored a little above Throgg's-neck; and before the troops whom General Heath had sent for the purposes of protecting the neighboring property, could reach the shore, several barges had gone ashore, on City-island; killed several cattle; 4 and carried away the dead animals and one of the inhabitants. The troops managed to secure the remainder of the cattle which were on the island. 5 . . . 4 Colonel Joseph Drake, in his letter to the Convention, dated 'NEW ROCHELL, Augt. 28, 1776,' said 'they have not been able to plunder much; they got from Mineford's-island' [now City-island,] '4 horned cattle and some poultry, which is all we have been able to learn they have plundered.' In his Memories, (page 56,) General Heath said 'the enemy carried off one man and 14 cattle.' 5 Memories of General Heath, 55, 56; Colonel Joseph Drake to General Morris, 'NEW ROCHEL, Augt. 27, 1776' -- Historical Manuscripts, etc.: Miscellaneous Papers, xxxvi., 339."

Source: Dawson, Henry B., Westchester County, New York During the American Revolution, p. 219 (NY, NY: 1886).

The book Memories of General Heath referenced by Dawson describes an additional incident, saying:

"30th of January, 1777, the storm cleared up, when fifteen ships, one brig, two schooners, and two sloops came to, between Hart and City Island. They were from the eastward, and were supposed to have troops on board."

Source: Memories of General Heath, p. 113.

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Brief Biographical Data About Sir Thomas Musgrave, British Lieutenant Colonel Wounded at the Battle of Pelham on October 18, 1776

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Sir Thomas Musgrave became a general in the British army in the 18th century. He fought in the Battle of Pelham, apparently as a Lieutenant-Colonel. He was wounded during that battle.

Below is brief biographical information about Sir Thomas Musgrave published in 1879.

"MUSGRAVE, SIR THOMAS. 5th bart., a British gen., b. 1738; d. Dec. 31, 1812. Capt. 64th Regt. 1759; brev. major 1772; lieut-col. 40th Regt. Aug. 28, 1776; col. and aide-de-camp to the king 1782; brig.-gen in Amer. 1782; maj.-gen. 1790; gen. 1802. He was wounded at the battle of Pelham Manor, Oct. 18, 1776. At the battle of Germantown, Oct. 4, 1777, he saved the day by throwing himself with 5 companies into Chew's stone house, where he successfully held the Amer. forces at bay until the repulsed British columns could rally: and the Americans were compelled to abandon the field on which they came so near success."

Source: Drake, Francis S., Dictionary of American Biography, Including Men of the Time; Containing Nearly Ten Thousand Notices of Persons of Both Sexes, Of Native and Foreign Birth Who Have Been Remarkable or Prominently Connected with the Arts, Sciences, Literature, Politics, or History of the American Continent. Giving Also the Pronunciation of Many of the Foreign and Peculiar American Names, a Key to the Assumed Names of Writers, and a Supplement, pp. 649-50 (Boston, MA: Houghton, Osgood & Company, 1879).

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Orders Issued by British Major General The Honourable William Howe While Encamped in Pelham After the Battle of Pelham on October 18, 1776

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As most students of Pelham history know, British, German and American troops fought the Revolutionary War Battle of Pelham on October 18, 1776. Following the Battle, British Major General The Honorable William Howe and his forces camped in Pelham along both sides of the old Boston Post Road (today's Colonial Avenue).

While encamped in Pelham, Major General Howe issued a number of orders to his troops during a time of the first major incursion of enemy troops into the heart of Pelham. The Major General's first order suggests the terror and devastation faced by those who lived in Pelham. In that order the Major General noted that his troops had not followed his orders against "Plundering and Marauding". Thus he reaffirmed the ban against such activities and directed that his order be read to each and every Company of soldiers so that no man could claim he was unaware of the command if brought before military authorities for violating the order.

The orders are among those published in a journal prepared by The New-York Historical Society in 1884. They appear immediately below.

"GENERAL ORDERS BY MAJOR GENERAL THE HONORABLE WILLIAM HOWE

* * *

HEAD QUARTERS, Pelham Manor, 19th Oct., 1776.

The Commander in Chief is greatly disappointed that the repeated Orders he has been from time to time under the necessity of Issuing, for the Suppression of Plundering and Marauding, have not been attended to by the Troops, as he had a right to expect. He now therefore declares in public Orders, for the Information of every Individual Soldier and Follower of the Army, that he is determined hereafter to shew no Mercy to any Person proved guilty of the above Crimes, and he desires that this Order may be read immediately at the Head of every Company, and to every Man now upon Duty as soon as relieved, that every Man now upon Duty as soon as relieved, that Ignorance of the Order may not be pleaded as an Excuse, as it cannot possibly be admitted; and the Com-

[Page 392 / Page 393]

manding Officers of Corps will be responsible to the Commander in Chief that this Order is communicated and enforced to their respective Corps.

All the Waggons in Possession of the different Corps are to be sent to-morrow morning, at Day break, to the Landing Place, for four Days' Provisions for the Troops, from the 20th. to the 23d. inclusive.

HEAD QUARTERS, Pelham Manor, 20th. Oct., 1776.

The Out Posts of the Army will report every morning to the Adjutant General, for the Information of the Commander in Chief, every Movement they can perceive of the Enemy, or any other Extraordinaries they may think worth his Notice.

Two hundred Men to be taken from the Recruits lately arrived from England, and attached to the Artillery till further Orders.

The Men of Rogers's Corps to join as soon as relieved.

HEAD QUARTERS, Pelham Manor, 21st. Oct., 1776.

6 in the Morning.

The Tents to be struck at 7 o'Clock this Morning, and the Troops to be in Readiness to march by the Right, in the following Order :

General Clinton to command the Advance.
2d. Battalion Light Infrantry.
4 Divisions of Light Dragoons, consisting of 10 Files each.
British Grenadiers.
33d Regiment.
42d Regiment.
Hessian Grenadiers.
2 Battalions of the Guards.
1st Brigade.
Hessian Brigades.
71st Regiment.
Four Divisions Light Horse, ten files each.

[Page 393 / Page 394]

The Baggage of the Army, followed by the 2d Brigade, with Two twelve Pounders and two Horowitzers in the Front of the Brigade of Guards.

Two twelve Pounders at the Head of General de Heister's Brigade.

The 1st. and 3d. Battalion Light Infantry, with four Divisions of Cavalry of ten file each, to march on the Left Flank of the Army. 3d. Battalion leads.

6th Brigade British and Losberg's Brigade will take the Position which will be directed. The Queen's Light Dragoons take the Front.

Orders, the 20th. Oct., 1776.

The Commander in Chief has been pleased to make the following Promotions:

44th Regiment. -- Capt. Lieut. Benjamin Fish to be Captain Vice Browne dead of his Wounds 4th. Oct., 1776; Lieut. George Benson to be Captain Vice Robinson removed 4th. Oct., 1776; Lieut.-Col. Campbell, from 55th. Regiment, to be Captain-Lietenant Vice Fish promoted 4th. Oct., 1776; Ensign Samuel Leland to be Lieutenant Vice Benson promoted 4th. Oct., 1776; Lieut. John Tuffie to be Quarter Master Vice Benson 4th. Oct., 1776; David Starke, Volunteer, to be Ensign Vice Leland promoted 4th Oct., 1776."

Source: General Orders By Major General The Honourable William Howe in Collections of the New-York Historical Society for the Year 1883, pp. 251, 392-94 (NY, NY: The New-York Historical Society, 1884).

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Genealogical Data Regarding David Jones Pell of the Manor of Pelham, Revolutionary War Officer

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In July 1929, The New York Genealogical and Biographical Record published a brief summary of genealogical data regarding David J. Pell and his wife, Hester Sneden. The couple owned the home known today as Pelhamdale. Substantially changed in its appearance in the early 19th century, Pelhamdale is located today at 45 Iden Avenue and is on the National Register of Historic Places. Today's Historic Pelham Blog transcribes the data.

"RECORD OF THE FAMILY OF COLONEL DAVID JONES PELL (1761-1823) AND HESTER SNEDEN, HIS WIFE.

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CONTRIBUTED BY RICHARD WEBBER
Member of the New York Genealogical and Biographical Society.

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The manuscript family record of David Jones Pell from which the following particulars are taken was found among a mass of papers left by Gilbert Shute who died at his home in Mount Vernon, N. Y., November 21, 1928, aged 68 years. The manuscript, now somewhat torn and dog-eared, originally consisted of six sheets sewed with linen thread to make twenty-four pages 7 3/4 in. x 6 1/2 in. Only nine pages have been used for the record; the last two, no doubt blank, are now missing. The record appears to be in the hand of David Jones Pell up to near the time of his death. From then the writing is that of another.

With other items of genealogical nature the manuscript was delivered, at Mr. Shute's request, after the latter's decease, to Morgan H. Seacord, of New Rochelle, N. Y., an authority on family history in his vicinity. Mr. Seacord has courteously permitted the manuscript to be photostated and a copy deposited with this Society. Mr. Shute was much interested in the family lines through which he traces his ancestry. He was fifth in descent from Thoms Pell, the third lord of the manor of Pelham, through Thomas' son Joshua and the latter's daughter Sarah.

David Jones Pell was the son of Philip and Gloriana (Tredwell) Pell and great-grandson of the third lord and Anna, his traditional Indian wife. David J. Pell was an officer during the closing days of the Revolution and rose to the rank of lieutenant-colonel in the militia of his State. Colonel Pell and his family are noticed by Bolton, Westchester County (1881), Vol. II, chart opp. p. 40.

The family records as here given have been abstracted and arranged from the original manuscript.

David Jones Pell, b. Jan. 13, 1761; d. Aug. 18, 1823. Hester Sneden, b. May [torn], 1770. They were married March 7, 1790, by Rev. Elias Cooper, Yonkers Church of Eng. minister. Had issue: --

1. Nancy Hannah, b. Oct. 11, 1791, bapt. by Rev. Elias Cooper; married Feb. 12, 1822, to Theodosius Hunt of the town of Eastchester, by Rev. Revaud Kerney, rector, Episcopal Ch., New Rochelle. Had issue: Hetty Elizabeth, b. Nov. 5, 1822; d. July 18, 1823; Margaret Pell, b. Nov. 21, 1823, bapt. Jan. 25, 1824, by Rev. Lewis P. Bayard, rector, Episcopal Ch., New Rochelle.

2. Samuel Tredwell, born Jan. 25, 1794, bapt. by Rev. Elias Cooper; d. Sept. 26, 1803.

3. Margarett Anne, b. Oct. 13, 1795; d. Jan. 28, 1796.

4. Margarett, b. July 3, 1797, bapt. by Rev. Elias Cooper; d. Aug. 28, 1823; married March 10, 1821, to James Pell of the town of Pelham, by Rev. Revaud Kerney, rector, St. Paul's Church, Eastchester.

5. Caroline Amelia, b. Sept. 27 [torn], bapt. at St. Paul's Ch., by Rev. Isaac Wilkins.

6. Mary, b. Aug. 10, 1801, bapt. by Rev. Isaac Wilkins.

7. Stephen Sneden, b. Nov. 29, 1803, bapt. Dec. 9, 1806, by Rev. Theodosius Bartow, rector, Episcopal Ch., New Rochelle.

8. David, b. Oct. 13, 1806; d. Dec. 8, 1806.

9. Gloriana, b. Oct. 20, 1810, bapt. June 3, 1811, by Rev. Isaac Wilkins, Ch. of Eng. minister.

10. Sophia, b. Sept. 23, 1812, bapt. Sept. 12, 1814, by Rev. Isaac Wilkins, rector, Episcopal Chs. of West and East Chester."

Source: Webber, Richard, Record of the Family of Colonel David Jones Pell (1761-1823) and Hester Sneden, His Wife, The New York Genealogical and Biographical Record, Vol. LX, No. 3, p. 244 (NY, NY: The New York Genealogical and Biographical Society, July, 1929).

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A Biography of the Rev. Henry Randall Waite, Ph. D., a 19th Century Pastor of Huguenot Memorial Presbyterian Church

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The Rev. Henry Randall Waite, Ph. D., served for a number of years as the pastor of Huguenot Memorial Presbyterian Church in the Village of Pelham Manor, New York. A magazine article published in 1886 provided an extensive account of Waite's ancestors and a substantive biography of Waite. Today's Historic Pelham Blog posting transcribes pertinent portions of that biography.

"Rev. Hiram Henry Waite, M. A., born Aug. 13, 1816, lately pastor of the Waverly Congregationalist Church, Jersey City, N. J., and now of the Congregationalist Church, Madison, N. Y., is well known among Congregational clergymen as an able, faithful, and successful minister, his services, wherever he has labored, having been signally blessed in every way. He married in 1843 S. Maria Randall at Antwerp, N. Y., by whom he has now living three daughters and one son, Henry Randall Waite, Ph. D., of West Newton, Mass., who is prominent among the younger representatives of this ancient New England family. On the maternal side his descent is traced from the Randalls and Carpenters of New Hampshire, stocks from which have sprung many notable men. Both his parternal and maternal grandfathers were soldiers in the war of 1812; his ancestors were also active participants in the war of the Revolution, and at a still earlier date, as we have seen, participants in the wars with the Narragansetts and other Indian tribes. To his puritan ancestry we may trace his sturdy independence, his originality, and persevering industry; while to his Celtic progenitors may be due something of his generous and gnial nature. He graduated in 1868, at Hamilton College, with an excellent reputation as a scholar and thinker; and in the same year became one of the editors of the Utica Morning Herald where his abilities as a critical and literary writer soon gained recognition. Subsequently he studied theology at Union Theological Seminary in the city of New York, and in 1872 visited Europe.

He supplied the pulpit of the American Chapel in Paris for a short time, and afterward visited Rome, where he was invited to assist in the establishment of what became under his labors a flourishing and useful church for resident and visiting Americans, the first for English-speaking people tolerated within the walls. In the pastor's parlors, facing the windows of the Propaganda Fide, many notable assemblies were gathered. Here were taken the first steps toward the organization of a union of the Sunday-school forces in Italy. Here were held important meetings of the Italian Bible Society, and here was organized the first Young Men's Christian Association in Italy, its members including Italians of every evangelical faith. He established a Bible training school for Italian young men, so planned as to secure the approval and co-operation of Italian ministers of every denomination, and was also instrumental in the establishment of a school among the soldiers of the Italian army stationed in Rome, out of which grew a church, composed wholly of men in the military service, its creed being that of the Apostles. Many persons, native and foreign, assisted on the occasion, memorabl in the history of religious progress in Rome, when the sacrament of the Lord's Supper was administered to theese modern soldiers of Caesar's household. This work has been efficiently continued to this day under other direction, and thousands of ex-soldiers in all parts of Italy have borne with them to their homes the influence of their Catholic Christian training in the Scuola of the Chiesa Evangelica Militare.

Dr. Waite's inquiries early led him to look upon sectarianism as one of the most serious obstacles to the progress of evangelical truth in Italy, and to the belief that the presentation of a united Christian front, in agreement upon the fundamental truths of the gospel, was essential to that influence upon the mind which would bring the most hopeful elements among the Latin peoples into practical unity with Protestant Christianity. He therefore energetically espoused the cause of Christian unity, of which the church in Rome, in its ingathering of worshippers of all creeds, was made a notable example.

In 1875 he returned to the United States, and, resuming editorial work, was for a time editor of the New Haven Evening Journal, and then of the International Review, in New York, in both of which positions he added largely to his reputation as a scholar, thinker, and trenchant and graceful writer. In 1876 he received from the University of Syracuse, pro causa, the degree of Doctor of Philosophy, and was at the same time invited to become a non-resident professor of Political Science in that institution. He had previously accepted a call to the pastorate of the Huguenot Memorial Church at Pelham on the Sound, where he purchased an estate known as 'Bonny Croft,' and in the midst of most congenial surroundings remained until 1880, when, upon invitation of Gen. Francis A. Walker, superintendent of the Tenth Census of the United States, he undertook the direction of the Educational and Religious Departments of the Census.

Dr. Waite has an acknowledged position as one of the most accomplished statisticians and most thoroughly informed educational authorities in the United States. Doubtless in recognition of this fact, at the Inter-State Educational Convention held in Louisville in 1883 and composed of delegates appointed by the governors of the several states, he was invited to deliver the opening address, a paper on the Ideal Public School System which was characterized by the Chairman of the convention as 'one of the best ever read before a like body.' Aside from editorial work he has furnished frequent contributions to various periodicals, and has gained a special reputation as a writer upon politico-economic subjects. Two of these contributions recently published in the form of a brochure by D. Lothrop & Co., under title of 'Illiteracy and Mormonism,' have attracted especial attention among those interested in these important questions. When residing in New York he was President of the Political Science Association, and Chairman of the Executive Committee of the National Reform League, one of the pioneer organizations for the reform of the civil service; and while residing in Washington was president of the Social Science Association of the District of Columbia.

Dr. Waite is a logical, fluent and earnest speaker, and his reputation as a student of educational and social problems has led to a frequent demand for his services on the part of committees concerned with legislative questions, and at assemblies of leading educators. He presided and delivered an address at one of the sessions of the National Educational Assembly at Ocean Grove, in 1883, and in an address at one of the meetings of the National Educational Association at Madison, Wis., in 1884, following Mgr. Capel, to whose covert attack upon our public school system he made, as reported in the Chicago Tribune, a temperate but caustic and able reply. At the last meeting of the same association, at Saratoga, he delivered an address upon the Tenure of Office and Compensation of Teachers, which is characterized by the Iowa School Journal as one of the specially fine papers of the occasion. In connection with his editorial labors, he discharges the duties of President of the American Institute of Civics, an organization lately incorporated 'for the purpose of promoting the study of political and economic science and so much of social science as is related to government and citizenship'; the aim of the institution being to secure, in every walk in life, a more thorough preparation for the duties of citizenship. Notable among the officers of this worthy institution are Chief Justice Waite, Senator Colquitt, Hon. Hugh McCulloch, President Porter of Yale College, President Seelye of Amherst, Senator Morrill of Vermont, Hon. John Eaton, U. S. Commissioner of Education, Hon. Carroll D. Wright, Hon. Mellen Chamberlain, D. C. Heath, Gen. H. B. Carrington, Daniel Lothrop, and Robert M. Pulsifier, with hundreds of members of equal eminence.

Dr. Waite has had several invitations to accept important positions in connection with educational institutions, none of which he has thought it advisable to accept.

The Boston Transcript, not long since, noted the fact that prominent friends of Middlebury College had presented his name in connection with the office of President of that institution, and added: 'Whether Dr. Waite will accept the position, if elected, we are not informed, but of his qualifications there can be no doubt. Graduated from a kindred institution, he is a firm believer in the usefulness of the smaller college. . . . To his other qualifications are added the executive skill and indomitable energy which are needed to place Middlebury College upon the footing with similar institutions to which its honorable position in the past so justly entitles it.'

Among other labors, he is preparing for early publication by D. Lothrop & Co. a work upon the Indian Races of North America; and is also Secretary of the Inter State Commission on Federal Aid to Education. Few men have a wider circle of devoted friends among educated young men, a fact in some degree accounted for by the ready and helpful sympathy and practical wisdom with which he responds to the numerous demands made upon him for aid and counsel, by those who are perplexed as to the choice of a calling or are seeking entrance to some field of labor. There are many such, within the writer's knowledge, who owe him debts which they will never cease to acknowledge with gratitude. An evidence of the esteem in which he is held by college men, is afforded by the fact that one of the oldest of college societies, which chapters in twenty or more leading colleges, including Harvard, Brown, Cornell, Williams, Hamilton, etc., chose him as orator at its semi-centennial anniversary, observed in September of last year, in the Academy of Music, in New York."

Source: Lovell, Arthur Thomas, Richard and Gamaliel Wayte, and Their Descendants, in The New England Magazine and Bay State Monthly, Vol. IV, No.1, p. 48, pp. 55-59 (Boston, MA: Bay State Monthly Co. 1886).

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Thomas Pell's and John Pell's Land Dispute with John Richbell in the Late 1660s and Early 1670s

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Only two weeks before Thomas Pell died in late September, 1669, John Richbell of Mamaroneck started a lawsuit against him claiming that he "Doe unjustly detaine & keep from him a certain parcell of meadowe Ground lyeing & being neare unto or upon one of ye three necks of Land at Momoronock". Many of the papers relating to the dispute that formed the basis of that lawsuit were published in 1910 as part of the "Minutes of the Executive Council of the Province of New York Administration of Francis Lovelace 1668 - 1673 Volume II". The papers are fascinating for a host of reasons.

The death of Thomas Pell two weeks after John Richbell first demanded a hearing on the matter before the Court of Assizes seems to have brought the matter to a halt for quite some time. In the interim, Thomas Pell's nephew, John Pell, became the principal legatee under Thomas Pell's will and succeeded to his estate including his large land interests.

The dispute seems to have simmered, however. In September, 1671, John Pell arranged the issuance of a Special Warrant demanding that three men affiliated with John Richbell (including one described as Richbell's "servant") appear before the Court of Assizes to answer trespass charges. Pell claimed that the men harvested hay from the same meadow that had been the center of the dispute between Thomas Pell and John Richbell before Thomas Pell's death. John Richbell stepped forward and took over the defense of the three men.

The papers are fascinating. They recount Richbell's acquisition of lands including the area in dispute from Native Americans in the 1660s. Significantly for students of Pelham history, close inspection of the materials shows that Richbell joined with a man named John "Ffinch" (also referenced as "Finch") to acquired the lands from Native Americans including one named "Cakoe"

These same two individuals likely are the "John Ffinch" and the Native American "Cockho" who signed Thomas Pell's "treaty" by which he acquired the lands that became the Manor of Pelham on June 27, 1654. Click here to see the treaty and a transcription of its terms.

Francis Lovelace, Governor of the Province of New York, appointed a group of Commissioners to make recommendations regarding resolution of the dispute. The Commissioners could not agree on a resolution. Interestingly, however, they reported to Governor that they had discovered a tree in the disputed meadow "markt on ye East side with J. R. [John Richbell] & on the West with T. P. [Thomas Pell]" from which, if a line were drawn from the tree directly toward Long Island Sound, would divide the meadow exactly in half.

Though the Commissioners did not resolve the dispute, Governor Lovelace ordered Pell and Richbell to consider the report and attempt to resolve the matter before a trial would be conducted. On January 25, 1671/72, the men reportedly settled the matter and "agreed upon [the land] to bee divided equally between them, both Meadow & Vpland, quanity & quality alike".

Below is a transcription of the entire text of the collection of records that reflect this dispute.

"No. LXVII.

WESTCHESTER -- JOHN PELL or JOHN RICHBELL ABOUT BOUNDARY AND TRESPASS.

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Deeds 2:128 (Sec. State)
[n.d.]
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Recorded 1666 June 6

Recorded for Mr John Richbell, the 6th day of June 166, this Indyan Deed.

I Wompoqueum, together with my Brother Mahatahan, being the right owners of three Necks of Land, lying and being Bounded on ye East side with Mamaroneck River, and on ye west side, with the Stony River, which parts the said Land, and Mr Pells Purchase; Now These are to Certify, to all and every one whom it may concerne, That I wompoqueum, did for my selfe, and in the behalfe of my above said Brother, Mahatahan, firmly Bargaine & Sell to Mr John Richbell of Oyster Bay, 1 to him and his Heires forever, the above mentioned three Necks of Land, together with all other Priviledges there unto belonging, Six weekes before I sold it to Mr Tho: Revell, And did marke out the Bounds, and gave Mr Richbell possession of the said Land, and did receive part of my pay then in hand, as Wittnesse my hand

The Marke X of Wompoqueum.

Witnesse
Jacob Yongh
Catharin Yongh.

1 Richbell was a merchant at Charlestown, Mass., before he came to Oyster Bay, and Revell came from the Barbados. Richbell bought Horse Neck on September 5, 1660, and conveyed it to Nathaniel Silvester, of Shelter Island, and others, on October 18, 1666. He and his wife, Ann, also conveyed to Silvester, and others, their dwelling house, gardens and other lands (altogether twenty acres) at Cove Neck, in Oyster Bay, on November 17, 1666. For documents on his relations with Oyster Bay, see Deeds, vol. 2, pp. 11, 12, 15, 102-112, 224-232; ibid, vol. 3, pp. 93-99, 119-126, 148; Court of Assizes, vol. 2, pp. 7-14. On his controversy with Revell, see also Orders, Warrants, Letters, vol. 2, pp. 48, 66.

[Page 647 / Page 648]

Deeds 2:192 (Sec. State)
1661 Sept. 23
-----
Recorded 1666/7 Mar. 13

[Indian Deed to John Richbell]

Mar: 13th 1666

Recorded for Mr Richbell.

Mammaranock, ye 23d Sept r 1661.

I. 1 Know all Men by these pres ts That I Wappaquewam Right Owner & Proprietor of part of this Land, doe by Order of my brother who is another Proprietor, &c by consent of the other Indyans doe this day, sell, lett & make over from mee my heyres & assignes for euer, unto John richbell of Oyster bay his heyres assignes for euer three Necks of Land, The Eastermost is called Mammaranock Neck, & the westermost is bounded with Mr Pells purchase: Therefore know all Men whom these presents concerne that I Wappaquewam, doe this day alienate & estrange from mee, my heires & assignes for euer unto John Richbell his heyres & assignes for euer, these three necks of Land with all the Meadowes Riuers Islands thereunto belonging, Also the sd Richbell or his Assignes may freely feed Cattle or cutt Timber twenty miles Northward from the marked Trees of the Necks; ffor & in considacon the sd Richbell is to giue or deliuer unto the aforenamed Wappaquewam the Goods here under mentioned, the one halfe about a moneth after the date hereof, & the other halfe the next Spring following, As the Interpreters can testify; & for the true performance hereof, I wappaquewam doe acknowledge to haue rec d two shirts & ten shillings in wampom, the day & date aboue-written.

Twenty two Coates.
one hundred fathom of Wampom.

1 The six numbers attached to documents in this group simply show sequence in the manuscript volume. They are printed here in chronological order.

[Page 648 / Page 649]

Deeds 2: 192 (Sec. State)

1661 Sept. 23
-----
Recorded 1666/7 Mar. 13

Twelue shirts.
Ten paire of Stockings.
Twenty hands of Powder.
Twelue barrs of Lead.
Two firelockes.
ffifteen Hoes.
ffifteene Hatchets.
Three Kettles.

Deeds 2: 193 (Sec. State)
1661 Dec. 20
-----
Recorded 1666/7 Mar. 13

The Deposition of John Finch & Edward Griffen both of Oyster bay.

2. These Deponents testify & affirme, That they being there employed by mr John Richbell for to Interpret betwixt the said mr Richbell & the Indyans (mentioned in this writing annex't) about the purchase of three Necks of Land, The said Deponents doe both of them affirme, that this herein written was a true and reall bargaine, made the day aboues d betwixt the said Mr John Richbell & the said Indyans, & the Condicions thereof.

Taken before mee John Hickes.

Hempsteed this 20th of December. 1661.

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

5. The sd Deponents vpon Oath testifye, mr John Richbell Merchant of Oyster bay, did buy of Wappaquewam a certaine Tract of land lyeing westward of the River called Mammaranock Riuer & bounded by Land purchased by mr

[Page 649 / Page 650]

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

Thomas Pell of the Indyans, The said Wappaquewam being entrusted by his brother Mathetuson formerly called Mohey (as the said Wappaquewam & Mathetuson did enforme) to sell all his propriety in the sd Land & himselfe with Edwa Griffin accompanied the said John Richbell, unto ye sd Indian Wappaquewam to buy the sd Lands, which accordingly hee did, & payd unto the sd Wappaquewam in part of payment for the purchase of the said Lands, Two shirts & ten shillings in wampom, and agreed upon Time for the payment of the residue according to a writing made at Momoronock River, bearing date 23d of Sept. 1661, & on that day the said Richbell tooke possession of the sd Lands.

In & upon the 7th day of March 1661. The sd John Richbell employed them the sd Deponents & one Jacob Young a Sweed (which are Indian Interpret rs) to goe with him to the Indyans to talke wth them, Hee the sd Richbell hearing a Report that ye sd Indian Wampaquewam had afterwards sold the sd lands to mr Revell, & in our voyage to speake wth Wappaquewam wee met with his brother Mathetuson alias Mohey aforesd, who did full maifest unto us that hee (according to his brothers Informacon) did employ & giue power to his brother Wappaquewam to sell his propriety of Land to mr Richbell, whom Wappaquewam enformed him would buy it of him, & withall did relate to vs severall of the particulars that the said John Richbell by agreement was to pay for the sd Lands: Moreouer the sd Mathetuson seemed to bee much disturbed in his Mind, That any Contract was made with any other for ye said lands, hee affirming that hee knew not that any other then John Richbell had made any contract about it, untill hee came downe to the Sea Coast, wherefore mr John Richbell did tell the sd Mathetuson that hee was now come to settle & plant the same, And the said Mathetuson did giue him free

[Page 650 / Page 651]

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

liberty to the same, onely desiring Mr Richbell that hee might bee payd for it, & not to loose his pay for a Neck & halfe of Land, which hee was yet unpaid for:

To the former part were deposed John ffinch & Edward Griffin the 11th of ye 1st Moneth 61/62

Before mee
Richard Lawes.

Deeds 2:194 (Sec. State)
1661/2 Mar. 12
----
Recorded 1666/7 Mar. 13

The Deposicon of Peter Disbroe of Monussing Island aetatis suae 30th

3. The sd deponent upon Oath Testifieth, that Mr Richbell &c, went to Mr Reuell (then on the Island aforesd) & warned Mr Revell not to buy the Land beyond Mammaranock Riuer of the Indyans, for that (hee said) hee had bought it already: At that time Wappaquewam came to my house Mr Richbell and John ffinch being there also, the said Wappaquewam said hee was the Owner of the Land, & did in my hearing owne that hee had sold the land to mr Richbell, but the other Indyans ouer persuaded him to sell it to Mr Reuell, because hee would give a great deale more; The said Wappaquewam did also owne that hee had recd part of pay for the Land, of mr Richbell & John ffinch: This to my best understanding was ye Indyans speech unto them; Also at the same time the said Indyan Wampaquewam did verbally offer unto Mr Richbell the pay that hee had recd

[Page 651 / Page 652]

Deeds 2: 194 (Sec. State)
1661/2 Mar. 12
-----
Recorded 1666/7 Mar. 13

in part for the sd Land, But mr Richbell refused saying hee would not receiue it, but according to bargaine hee would haue the land & pay him (the sd Indyan) his pay: Moreover the said deponent saith that Mr Revell being at his house (before the former discourse) that hee the said deponent did tell Mr Reuell that the Land was agreed for by John Finch, & some part of the pay paid. This deposed unto the 12th of 1 M 61/62

Before vs
Richard Laws
Francis Bell.

Deeds 2: 195 (Sec. State)
1662 Apr. 5
-----
Recorded 1666/7
Mar. 13

The deposicon of William Joanes of Monussing Island about 22 yeares of age.

4. The sd Deponent upon Oath testifieth, That Thomas Close & himselfe being mates, the said Close having beene at Oyster bay, upon his returne to Monussinge aforesd did tell him that when hee was at Oyster bay, That John ffinch & Henry Disbroe of Oyster bay did tell him, that John ffinch & mr Richbell had agreed to purchase the land at Mammaranock Riuer, & desired him not to discouer what hee had told them, for that hee had promised them to keepe silence, & if it should bee knowne that he had told him (the said Joanes) hee should then bee counted a Traytor, this was about September 1661: Severall moneths after mr Richbell & John ffinch & Edward Griffin being at Mammaranock Riuer, & they waiting for the Indyans coming to them to receive that part of the pay for the land as was agreed then to bee paid, & mr Richbell had then by him; They wanting bread sent for some to the Island Monussing, wherefore the sd Deponent

[Page 652 / Page 653]

Deeds 2: 195 (Sec. State)
1662 Apr. 5
-----
Recorded 1666/7 Mar. 13

went & carryed them some: When to the land hee came, mr Richbell had there sett up a Shedd to shelter from the weather, & tooke possession there, staying for ye Indians to receiue the pay as was promised, Mr. Revell being then at Monussing, & hearing that Mr Reuell came to buy the land, did tell mr Richbell what hee had heard: Wherefore mr Richbell & John ffinch & my selfe came to Monussing, mr Richbell saying that hee would purposely foe to forewarne Mr Reuell not to buy the land, being hee had already agreed for the same: When to Monussing they came, there was some of the Indyans that had sold ye land viz t Cakoe [NOTE: This like was the Native American whose mark appeared next to the name "Cockho" on Thomas Pell's "treaty" dated June 27, 1654] & wappaquewam, who would haue secretly gone away (as they judged) but that john ffinch spyeing of them, called them againe, saying to them, are you ashamed of what you are doeing; Then at peter Disbroes house the said Cakoe & Wappaquewam did tender to mr Richbell & John ffinch the pay againe which they had recd in part of payment for the Land, but they refused, John ffinch & mr Richbell saying to them that they would stand to ye bargain that they had made: The said Wappaquewam did there fully owne that hee had sold the Land to mr Richbell & John Finch: Stamford Apr 5th 1662. given before mee

Rich: Lawes.

The originall was Interlin'd before deposed (unto) in the 28th line, (And Mr Richbell) In the 13th line (Monussing).

Deeds 2: 198 (Sec. State)
1665 Apr. 4
-----
Recorded 1666/7 Mar. 13

The Testimony of Jonathan Lockwood being aged 30. yeares or thereabout.

6. Saith, I being at peter Disbroes, & mr Thomas Reuell being there present, I heard mr Revell say hee was buying

[Page 653 / Page 654]

Deeds 2: 198 (Sec. State)
1665 Apr. 4
-----
Recorded 1666/7 Mar. 13

a parcell of Land of the Indyans of the West side of Mammaranock River to mr Pells land & I wish't him not to medle with it, for it was already bought by mr Richbell, & I was a wittnesse to it, I see a part of the moneys payd for it by mr Richbell, Mr Revell made this answer to mee, that howsoever hee would buy it, & Mr Richbell & hee would try for it afterwards: ffarther this Deponent saith not.

Given in upon Oath before mee, Stamford Apr. 4th 1665

Rich: Lawes.

Taken out of the Records & compared there with this 23d of August 1665

P me John Allyn Recorder.

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

[John Richbell's Patent at Mamaroneck.] 1

Francis Lovelace Esq r Whereas there is a Certain parcell or tract of Land within this Gover[n]ment upon the Main Contained in three Necks of which the Eastermost is bounded with a Small river commonly Called Mamaroneck river being also the East bounds or limits of this Gover[n]ment upon the Maine & the westermost with the Gravelly or Stony brook or river which makes the East Limitts of the Land Known by the Name of Mr Pells purchase haveing to the South the Sound and running northward from the Marked trees upon the Said Necks twenty Miles into the woods which Said parcell or Tract of Lan hath been heretofore Lawfully purchased of the Indian proprietors by John Richbell of Mamaroneck Gent in whose possession Now it is and his title thereto Sufficiently proved both at Several Courts of Sessions as also at the General Court of assizes Now for a Confirmation unto him the said John Richbell in

1 On the confirmation see also Deeds, vol. 4, p. 27.

[Page 654 / Page 655]

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

his possession & Injoyment of the premises know ye that by vertue of the Commission and Authority unto me Given by his royal Highness I have Given Ratified & Confirmed & Granted and by these presents do give ratifie Confirm and Grant unto the Said John Richbell his heirs and assigns all the aforementioned parcell or tract of land as aforesaid Together with all woods beaches Marshes pastures Creeks Waters lakes fishing Hawking hunting and fowling and all other profits Commodities and Emoluments to the Land parcell or Tract of Land belonging Annexed & appertaining with their & Every of their appurtenances and of Every part & parcell thereof and in regard of the distance of the plantations already Settled or to be Settled upon the said necks of land from any Town the persons inhabiting or that Shall Inhabit thereupon Shall have a petty Constable Chosen amongst themselves yearly for the preservation of the peace & Dicision of Small differences under the value of fourty Shillings and they Shall be Excused from all Common attendance at Trainings or other ordinary duties at Westchester But in Matters of assessment & Publick rates they are to be Taxed by the officers of that Town to the which they properly belong being the nearest unto them To have and to hold the Said parcell and tract of Land in the Said three Neecks Contained and premises with all and Singular the priveledges & appurtenances to the Said John Richbell his heirs and assigns to the proper use and behoof of the Said John Richbell his heirs & assigns forever as free land of Inheritance rendring and paying as a quit rent yearly and Every year the value of Eight bushels of Winter Wheat unto his royal highness and his heirs or to Such Governour or Governours as Shall from time to time be appointed & Sett over them Given Under My hand & Seal

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

at ffort James in Newyork on Manathans Island the Sixteenth day of October in the twentieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland ffrance & Ireland King Defender of the faith &c Annoq Domin[i] 1668

Francis Lovelace

Recorded by order of the Governour the Day and year above written

Endorsed: Copy of John Richbells Patent from Governour Lovelace
17 [sic] Octr 1668

C. A. 2: 204 (NYSL)
1669 Sept. 13

A speciall warr t for hearing at ye Assizes 1

Whereas John Richbell of Momoronock hath made complaint unto me That you Thomas Pell of Anne Hooks neck Doe unjustly detaine & keep from him a certaine parcell of meadowe Ground lyeing & being near unto or upon one of ye three necks of Land at Momoronock, And he ye said John Richbell hauing Peticoned me That the Title & clayme on each parte may be heard & determyned at ye Assizes, These are in his Ma ties name to require you to appeare at this next Gen rll Court of Assizes to be held in this Citty beginning on ye first wednesday in ye month of October next, Then & there to make Answer to ye Complaint of ye said John Richbell, upon ye Tryall of your Title to ye said meadowe Hereof you are not to fayle at your perill, Given und r my hand & seal at ffort James in Newe Yorke this 13th day

1 For an order of same date, see Orders, Warrants, Letters, vol. 2, p. 534; also an earlier reference to the dispute in ibid, p. 334 (February 17, 1668/9).

C. A. 2: 204 (NYSL)
1669 Sept. 13

of September in ye 21th yeare of his Ma ties Raigne Annoq Domini 1669.

[Francis Lovelace.]

To Mr. Thomas Pell at Anne Hooks neck or elsewhere.

G. E. 4: 39 (NYSL)
1671 Sept. 22

A Speciall Warr t for Jeremy Cannon, ais Dorman, James Mott, Roger Pedley to appear at ye Assizes to answer Mr Pell in a Case of Trespas.

Whereas Mr John Pell of ye Mannor of Anne-Hooks Neck hath made Complaint unto mee that Jeremy Cannons ais Dorman, James Mott, Roger Pedley, & James [blank] a Serv t belonging to Mr John Richbell of Momoronock, have together or apart at severall times comitted a Great Trespass, in carrying away severall parcells of Hay made up in Stack upon his Land, & there being one Stack of Hay lately burnt upon ye said Land, of wch there is great suspition one or more of the persons aforemenconed are guilty; These are in his Ma ties Name to require ye said Jeremy Cannon ais Dorman, James Mott, Roger Pedley and James [blank] Mr Richbells Servant as aforesaid, That they make their Appearance at ye next Gen ll Court of Assizes to be held in this City beginning on ye first Wednesday in October next, wch will be on ye fourth day of ye said Month, then and there to make Answer to ye Complaint of Mr John Pell in ye Matters aforesaid, & that they forbeare ye giveing ye said Mr Pell any Molestacon by carrying away any more Hay from ye said Land untill ye difference between him & Mr Richbell about their Title be decided. Hereof Thy nor any of them are not to faile as they will Answer the Contrary at their Perills. Given under my Hand & Seale at Forte James in New Yorke

G. E. 4: 39 (NYSL)
1671 Sept. 22

this 22th day of September in ye 23d yeare of his Maties Reigne, Annoq Dni 1671.

Fran: Lovelace

To Jacob Young of Ann-Hooks Neck, or any orther person whom Mr Pell shall Employ upon this Occasion to see this Speciall Warrant served, & returne made thereof at ye Assizes.

G.E. 4: 59 (NYSL)
1671 Oct. 21

Commission rs appointed to View ye Bounds in difference between Mr Pell, & Mr Richbell

Whereas It was ordered at ye late Gen rll Court of Assizes, That some persons of good Judgmt should bee appointed to view ye Bounds in difference between Mr John Pell, & Mr John Richbell, wch divide Anne-Hooks Neck and Momoronock, of ye wch They are to make Reporte unto mee, To ye end a Conclusion or Composure may be made about that Matter, These are to desire and Authorize you Capt Dudley Lovelace, Capt Jaques Cortelijau, Mr Elyas Doughty, Capt Richard Ponton, & Mr John Quinby who are ye Persons that then were appointed by ye Court, that you some time this pr sent week, at a pr fixt day to be agreed upon amongs yo r selves, repaire upon ye place, & there by yor view & Enquiry of persons acquainted with those Bounds, receive ye best Informacon you can, & make Reporte thereof, with your Judgmt thereupon unto mee; ffor ye doeing of wch This shall be your Warrant. Given under my Hand at fforte James in New Yorke this 21th day of October. 1671.

ffra: Lovelace

To ye Com ers appointed by ye Court of Assizes.

[Page 658 / Page 659]

G.E. 4: 88 (NYSL)
1671/2 Jan. 16

An Ord r about Mr Pell & Mr Richbell.

Whereas an Ordr issued forth at ye Last Gen rll Court of Assizes, concerning a Mattr in difference between Mr John Pell, & Mr John Richbell on behalfe of some others who were Sued as Trespassers, whose Cause Mr Richbell undertooke to Defend, They being employed by him, And according to ye said Ordr Commission rs haveing mett, & been upon the place, & made Reporte of y er Judgm ts, but noe Conclusion or Agreem t of ye Difference hath yet been attained unto, Soe that Suite is made to have a Tryall of their Title at a Speciall Court of Assizes, as was Ordered at ye Court aforemenconed. In Prosecucon of ye said Ord r of Assizes, since all wayes of an amicable Composure have proved fruitless, I have thought fitt to Ord r & Appoint That Tuesday ye 6th day of ffebruary next shall bee the Day of Meeting of ye said Co rs to heare & Determine ye Matter in Difference between ye said Persons at the State-House in this City. In ye meane time they may on both sides prepare themselves for a Tryall. Given under my Hand at fforte James &c: this 16th day of Jan ry. 1671.

[Francis Lovelace.]

G.E. 4: 91 (NYSL)
1671/2 Jan. 18

An Ordr about Mr Pell, & Mr Richbell.

Whereas an Ordr issued forth at ye Last Gen rll Court of Assizes concerning a Matter in difference between Mr John Pell, & Mr John Richbell on behalfe of some others who was sued as Trespassers, whose Cause Mr Richbell undertooke to Defend, both of them laying Clayme to ye same piece of Land, whereupon Complaint was made that Trespasse had been committed, And according to ye said Order Comission rs haveing mett, & been upon ye Place, but noe

[Page 659 / Page 660]

G. E. 4: 91 (NYSL)
1671/2 Jan. 18

Conclusion or Agreem t was made by them, nor amongst themselves, soe that they sue to have a Tryall at a Speciall Court of Assize as was ordered at the Court aforemenconed; In prosecution of ye said order of Assizes, and at ye Request of the Partyes, I have thought fitt by Consent to Order and appoint That Thursday the first day of ffebruary next shall bee the Day of Meeting of ye said Court to heare and determine the Matter in difference between ye said Persons at ye State-house in this City; In ye meane time They may on both sides prepare themselves for a Tryall by a Jury or the Bench. Given under my Hand at fforte James in New Yorke this 18th day of January. 1671.

[Francis Lovelace.]

A Sub-poena was then sent forth to Summon Mr Robert Pennoyer of Momoronock, & Mr John Archer of ffordham to given in their Evidence at ye said Court, concerning the difference between Mr Pell, & Mr Richbell. &c.

G. E. 4: 92 (NYSL)
1671/2 Jan. 18

Another Ord r about ye difference betwixt Mr Pell & Mr Richbell.

The Reporte of ye Commission rs appointed by ye Co rt of Assizes to View the Bounds in difference between Mr John Richbell & Mr John Pells Land haveing been delivered unto mee Sealed up, & now opened and read before mee & my Councell, Vpon perusall Consideracon had hereupon, I finde that two of the Commission rs have made Reporte, That between ye two Brooks in Dispute called Stoney & Gravelly Brooks there is a Tree markt on ye East side with J. R. & on the West with T. P. from the which if there were a Line runn directly downe to the Sound, it would divide ye Meadow in difference in the middle, & putt and End to ye Matter in question, but neither of the other three Com-

[Page 660 / Page 661]

G. E. 4: 92 (NYSL)
1671/2 Jan. 18

mission rs agree amongst themselves as to their Opinions of the Bounds. Wherefore in regard that I am very desireous an amicable Composure of this Difference may bee made between both partyes, I doe recommend the Reporte of the two Commission rs to bee Observed as a Medium to end all Differences. However if either Party shall not seem satisfyed therewith, They have still Liberty to proceed to a Tryall before a Speciall Court according to ye Order of ye Last Gen rll Court of Assizes. Of their Resolucons hereupon a speedy Answer is expected, That Order may bee taken accordingly. Given under my Hand at Forte James in New Yorke this 18th day of January. 1671.

[Francis Lovelace.]

G. E. 4: 95 (NYSL)
1671/2

Another Ord r about Mr Pell & Mr Richbell made after their Agreem t or Composure.

Whereas there is an Amicable Composure made of ye difference between Mr John Richbell & Mr John Pell concerning the Neck of Land lyeing between Stoney & Gravelly Brooke to the Eastward of Anne-Hooks Necks, ye wch is agreed upon to bee divided equally between them, both Meadow & Vpland, quantity & quality alike, wch Agreem t I very well approve of; These are to require you that some time the next week or wth your first Convenience you repaire hither, where you shall receive farther Directions concerning the laying out the said Neck of Land, soe to putt a finall End & Determinacon to that Dispute, of wch at yo r Returne you are to render mee an Acc t & for soe doeing this shall bee yo r Warrant. Given &c: this 25th day of January 1671.

[Francis Lovelace.]

To Capt Jaques Cortelijau
Surveyor Gen rll"

Source: Paltsits, Victor Hugo, ed., Minutes of the Executive Council of the Province of New York Administration of Francis Lovelace 1668-1673 Volume II Collateral and Illustrative Documents XX - XCVIII, pp. 647-61 (Albany, NY: State of New York, 1910).

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More Early Evidence That Thomas Pell Had a House Later Used by His Nephew, John Pell, on Rodman's Neck

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Though late in life his primary residence was in Fairfield in the Colony of Connecticut, it seems clear that Thomas Pell had a house on today's Rodman's Neck opposite City Island. The area then was known, with a variety of spellings, as "Anne Hooks Neck". In a variety of official documents -- both during his life and after his death -- Thomas Pell was described as "Thomas Pell of Anne Hooks neck". Today's Historic Pelham Blog posting transcribes another such instance.

"A speciall warr t for hearing at ye Assizes 1 [Footnote 1 states "1 For an order of same date, see Orders, Warrants, Letters, vol. 2, p. 534; also an earlier reference to the dispute in ibid, p. 334 (February 17, 1668/9)."]

Whereas John Richbell of Momoroneck hath made Complaint unto me That you Thomas Pell of Anne Hooks neck Doe unjustly detaine & keep from him a certaine parcell of meadowe Ground lyeing & being neare unto or upon one of ye three necks of Land at Momoroneck, And he ye said John Richbell hauing Peticoned me That the Title & clayme on each parte may be heard & determyned at ye Assizes, These are in his Ma ties name to require you to appeare at this next Gen rll Court of Assizes to be held in this Citty beginning on ye first Wednesday in ye month of October next, Then & there to make Answer to ye Complaint of ye said John Richbell, upon ye Tryall of your Title to ye said meadowe Hereof you are not to fayle at your perill, Given und r my hand & seale at ffort James in Newe Yorke this 13th day [Page 656 / Page 657] of September in ye 21th yeare of his Ma ties Raigne Anno Domini 1669.

[Francis Lovelace.]

To Mr Thomas Pell at Anne Hooks neck or elsewhere."

Source: Paltsits, Victor Hugo, ed., Minutes of the Executive Counicl of the Province of New York Administration of Francis Lovelace 1668-1673 Volume II - Collateral and Illustrative Documents XX-XCVIII, pp. 656-57 (Albany, NY: State of New York, 1910).

I have previously speculated on the Historic Pelham Blog that evidence suggests that after Thomas Pell died in late September, 1669, his nephew and principal legatee, John Pell, moved to America and lived in his uncle's house on Anne Hooks Neck for a time before building his own manor house near today's Bartow-Pell Mansion. The same source quoted above provides additional evidence to this effect. It contains a reference to "John Pell of ye Mannor of Anne-Hooks Neck" in September, 1671 -- shortly after Pell arrived to take control of the estate he had inherited. The reference reads in its entirety as follows:

"A Speciall Warr t for Jeremy Cannon, ais Dorman, James Mott, Roger Pedley to appeare at ye Assizes to answer Mr Pell in a Case of Trespass.

Whereas Mr John Pell of ye Mannor of Anne-Hooks Neck hath made Complaint unto mee that Jeremy Cannons ais Dorman, James Mott, Roger Pedley, & James [blank] a Serv t belonging to Mr John Richbell of Momoronock, have together or apart at severall times comitted a Great Trespass, in carrying away severall parcells of Hay made up in Stack upon his Land, & there being one Stack of Hay lately burnt upon ye said Land, of w ch there is great suspition one or more of the persons aforementioned are guilty; These are in his Ma ties Name to require ye said Jeremy Cannon ais Dorman, James Mott, Roger Pedley and James [blank] Mr Richbells Servant as aforesaid, That they make their Appearance at ye next Gen ll Court of Assizes to be held in this City beginning on ye first Wednesday in October next, wch will be on ye fourth day of ye said Month, then and there to make Answer to ye Complaint of Mr John Pell in ye Matters aforesaid, & that they forbeare ye giveing ye said Mr Pell any Molestacon by carrying away any more Hay from ye said Land untill ye difference between him & Mr about their Title be decided. Hereof They nor any of them are not to faile as they will Answer the Contrary at their Perills. Given under my Hand & Seale at Forte James in New Yorke [Page 657 / Page 658] this 22th day of September in ye 23d yeare of his Ma ties Reigne, Annoq Dni 1671.

Fran: Lovelace

To Jacob Young of Ann-Hooks Neck, or any other person whom Mr Pell shall Employ upon this Occasion to see this Speciall Warrant served, & returne made thereof at ye Assizes."

Source: Id., pp. 657-58.

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John Pell, Second Lord of the Manor of Pelham, Sells City Island and Then Buys It Back

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In 1685, John Pell (who is often referred to as "Second Lord of the Manor of Pelham") sold "Mulberry Island" to John Smith of Brooklyn. Mulberry Island was among the names applied to the island known today as City Island. After Smith's death and the remarriage of his widow, Pell paid the widow and her new husband fifty pounds to "void" the earlier sale of the island to John Smith. Below is an abstract of the deeds on file with the County of Westchester reflecting the transactions.

"Liber C, Westchester Co. Land Records . . . . .

P. 83:

'John Pell, by deed bearing date 11 day of December, 1685, did grant unto John Smith late of the Ferry in Brookland, in Kings Co., all that Island called Mulberry Island, in the Manor of Pelham.' * * * 'Robert Everden of Kings Co. in the Province of New York, being married unto Ann the widow and releck of John Smith and thereby being interested in the estate of John Smith and Ann his widow whom is now his wife,' received of John Pell fifty pounds on the 11th of September and the aforesaid sale of the Island was declared utterly void, September 9, 1699."

Source: Bristol, Theresa Hall, Westchester County, N. Y., Miscellanea, The New York Genealogical and Biographical Record, Vol. LI, No. 1, pp. 39, 41 (The New York Genealogical and Biographical Society, Jan. 1920).

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The Governor of the Colony of New York Visits John Pell, Second Lord of the Manor of Pelham in 1672

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In 1672, Francis Lovelace was Governor of the colony of New York. He also was a good friend of John Pell, Second Lord of the Manor of Pelham, who recently had claimed his inheritance from his deceased uncle, Thomas Pell, and was living in the Manor of Pelham.

In February 1672, Governor Lovelace left New York City and traveled to Pelham for a visit with John Pell. Quite a commotion followed. While Governor Lovelace was staying with John Pell, word arrived in New York City that the Dutch fleet had been seen off the coast of Virginia sailing toward New York. Officials scrambled to send a messenger to Pelham who delivered the warning to Governor Lovelace. Governor Lovelace was forced to leave his friend and return to business in New York City. An account of the incident is quoted below with a source citation following the quote.

"The peace, of which we have spoken, between England and Holland, was of but transient duration. In 1672 war was again declared by England. The conflict which ensued was mainly upon the ocean. New York had so grown since its conquest by the English, and could so easily be reinforced by almost any number of men from populous New England, that the Dutch did not think that there was any chance of their then being able to regain the colony. They, however, fitted out a fleet of five ships, to cruise along the coast of North America, destroy the English, and inflict such injury upon any and all of the English colonies as might be in their power.

Governor Lovelace had no idea that any Dutch ships would venture through the Narrows. He made no special effort to strengthen the defences of New York. Early in February he went to Westchester county, to visit at the residence of his friend Mr. Pell. This was quite a journey in those days. The command of the fort was entrusted, during his absence to Captain John Manning.

A vessel entered the port, bringing the intelligence that a Dutch fleet had been seen off the coast of Virginia, sailing in the direction of New York. This created great commotion. A dispatch was sent, in the utmost haste, to the governor, summoning his return. He promptly mustered, for the defence, all the forces he could raise in the city and neighboring counties, and soon five hundred armed men were parading the streets of New York.

It proved a false dream. No enemy appeared. The troops were disbanded. They returned to their homes."

Source: Abbott, John S.C., Peter Stuyvesant The Last Dutch Governor of New Amsterdam, pp. 320-21 (NY, NY: Dodd & Mead 1873).

Another source suggests that the reason Governor Lovelace visited John Pell on this occasion was to discuss the establishment of the overland mail route between New York and Boston, later known as Boston Post Road. Indeed, at about this time John Pell was involved in laying out that road. The following is quoted from this additional source, with a citation to the source following the quote:

"The times were so disturbed that Lovelace was impressed with the necessity of establishing an overland mail between New York and Boston, for the transmission of intelligence, in case of sudden danger or misfortune, and for the advancement of commerce. He consequently issued a proclamation, on the 10th of December, 1672, that on the first day of January, 1673, and on the first Monday of every following month, a sworn messenger would be dispatched to convey letters and small packets to Boston, taking Hartford and other places on his way. A change of horses would be furnished to the messenger at Hartford on his journey to and from Boston. He was to be paid a small salary, and all the letters were to be free of postage. He was instructed to form a post-road by marking trees, 'that shall guide other travelers as well.' Lovelace wrote to Winthrop, asking him to give the man advice as to the best route to pursue, and in the same letter informed Winthrop of the latest news from England; namely that the Dutch Republic had actually lost three of its provinces, and that there were no tidings of peace. Forty well-equipped men-of-war had just been dispatched from Holland to the West Indies. 'It is high time to begin to buckle on our armor,' he added.

March.

While the snow was yet upon the ground, Lovelace paid a visit to the manor of Thomas Pell [sic; Thomas Pell died in late September, 1669; this could only have been his nephew, John Pell], near 'Annie's Hoeck,' for the purpose of settling some question about the new postal route. An express followed him from Captain Manning, to announce the appearance of a supposed Dutch squadron off Sandy Hook. He hurried back to the city, and, finding no enemy, was inclined to ridicule the fals alarm. However, he summoned the soldiers from Albany, Esopus, and Delaware, and mustered one hundred or more enlisted men."

Source: Lamb, J. Martha, History of the City of New York, Its Origin, Rise and Progress in Three Volumes, Vol. I, pp. 256-57 (NY, NY: Valentine's Manual, Inc. 1922) (reprinted from original plates to commemorate the Centennial of the Monre Doctrine).

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18th Century Statutes Appointing Philip Pell, Sr. of Pelham To Collect Taxes on "Strong Liquors Retailed in this Colony"

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As indicated in yesterday's Historic Pelham Blog, recently I have been reviewing statutes enacted in the Colony of New York between 1664 and the Revolutionary War. Among those statutes is a series that appointed various New York residents to serve as tax collectors to receive excise taxes on "Strong Liquors Retailed in this Colony". At least three such statutes appointed Philip Pell, Sr. of Pelham to serve as a collector of such taxes in Westchester County.

Today's Historic Pelham Blog posting will transcribe the text of the earliest such statute, enacted in 1741. The transcription appears immediately below (with editorial notes contained in the source collecting such statutes cited at the end of this posting). Citations to the two later statutes also follow.

"[CHAPTER 765.]

[Chapter 765, of Livingston & Smith and Van Schaack, where the title only is printed. Expired November 1, 1745.]

An Act to Let to Farm the Excise on Strong Liquors Retailed in this Colony, from the first of November One Thousand Seven Hundred & Forty four, To the first Day of November One Thousand Seven Hundred & Forty five.

[Passed September 1, 1744.]

WHEREAS by an Act of the General Assembly, Intituled an Act for Laying an Excise on all Strong Liquors retailed in this Colony, Passed in the Twelfth year of the Reign of her Late Majesty QUEEN ANNE, There was given and granted to her Said Majesty, her Heirs & Successors, A duty of Excise on all Strong Liquors retailed in this Colony, From the first of November, One Thousand Seven Hundred & Fourteen, To the first Day of November, One Thousand Seven Hundred & Thirty four, For the Uses and Purposes in the Said Act Particularly Mentioned, Which said Duty of Excise hath by Several Subsequent Acts been further Continued from the Said first day of November One Thousand Seven Hudred & Thirty four, To the first day of November which will be in the year of Our Lord, One Thousand Seven Hundred & Fifty Seven.

AND WHEREAS Sundry Persons have by Themselves or by others in their behalfs, Offered & Engaged to Pay for the Said Duty of Excise in the Cities and Counties of this Colony, from the first day of November in this Present year One Thousand Seven Hundred & Forty four, To the first day of November which will be in the year of our Lord One Thousand Seven Hundred & Forty five, Such Rates as are Conceived more beneficial then to Let the Same to farm in any other manner.

BE it therefore Enacted by his Excellency the Governour, the Council & the General Assembly, and it is hereby Enacted by the Authority of the Same, That the Persons herein after named, Shall be the Farmers of the Said Duty of Excise, from & to the time Last mentioned, in the respective Cities & Counties of this Colony, and to have & receive the Benefits thereof at THE Rates & for the Several Sums of Money following, That is to Say

Edward Man and William Gilbert for the City & County of New York for the Sum of Five Hundred & Seventy Pounds.

John Waters for the City & County of Albany for the Sum of One Hundred & Forty Pounds.

Jacobus De Bevois Junr. Hendrick Remse & Barent Andrisen for Kings County for the Sum of Thirty Six Pounds.

John Butler for Queens County for the Sum of Eighty five Pounds.

Isaac Brush for Suffolk County for the Sum of Sixty Six Pounds.

Henry Livingston & Anthony Yelverton for Dutchess County for the Sum of Twenty Three Pounds.

Jonathan Haesbrook & Abraham Van Gaesbeck for Ulster County for the Sum of Thirty one Pounds.

Paul Micheaux for Richmond County for the Sum of Sixteen Pounds.

Samuel Gale & Jacobus Blavelt for Orrange County for the Sum of Twelve Pounds.

Philip Pell, Jonathan Lawrence and Samuel Purdy for Westchester County for the Sum of Fifty Pounds.

AND for the Effectual Securing the Several Payments before Mentioned. Be it Enacted by the Authority aforesaid, That the Several Farmers before named, Shall be & hereby are Required & obliged on or before the first Day of November next, Severally to Enter into the following Recognizances before any Judge of the Supreme Court, or of the Inferior Courts to his Majesty, His Heirs & Successors, with Sufficient Sureties, that is to Say.

Edward Man & William Gilbert in the Penal Sum of Eleven Hundred & Forty Pounds Current Money of this Colony.

John Waters in the Penal Sum of Two Hundred & Eighty Pounds.

Jacobus De Bevois Hendrick Remse & Barent Andrisen in the Penal Sum of Seventy two Pounds.

JOHN BUTLER in the Penal Sum of One Hundred & Seventy Pounds.

Isaac Brush in the Penal Sum of One Hundred & Thirty two Pounds.

Henry Livingston & Anthony Yelverton in the Penal Sum of Forty Six Pounds.

Jonathan Haesbrock & Abraham Van Gaesbeck in the Penal Sum of Sixty two Pounds.

Paul Micheaux in the Penal Sum of Thirty two Pounds.

Samuel Gale & Jacobus Blavelt in the penal Sum of Twenty four Pounds.

Philip Pell, Jonathan Lawrence, & Samuel Purdy in the Penal Sum of One Hundred Pounds.

CONDITIONED That Each of the Said Farmers Shall well & Truely Pay to the Treasurer of this Colony, the Respective Sums they have Severally Farmed the Said Duty of Excise at, in two equal half yearly Payments That is to Say, One half thereof on the first day of May next Ensueing and the other half threof, on or before the first day of November, which will be in the year of our Lord One Thousand Seven Hundred & Forty five, And the Judge or Judges before whom Such Recognizance or Recognizances are taken, are hereby required to Transmit the Same with all Convenient Expedition to the Said Treasurer, with whom They are to Remain until they Shall be Discharged.

AND to the End the Several before named Farmers, may have the full Benefit of the Said Duty of Excise from & to the time before Mentioned. Be it Enacted by the Authority aforesaid That they and each of Them. & each and every of their Executors, Administrators and Assigns, Shall be and hereby are Vested, with all & Singular the Powers & Authority's for gathering, Collecting, & Recovering the Said Duties, and Forfeitures Imposed in the Said Act, in the Respective Places, the Said EXCISE is hereby Farmed to them, which in & by the Same are granted and Allowed to Farmers of the Said Excise, in as full ample & Effectual manner, To all Intents Constructions & Purposes, whatsoever, as if the Several Clauses relating thereto in the Act aforesaid, had been at Large Incerted & Enacted in the Body of this Act.

AND WHEREAS Several People & more Particularly in the City of New York, have frequently Presumed to Retail Strong Liquors in their Houses without being duely Lycensed for that Purpose, and whereas Such Persons as aforesaid as Likewise Several Others who were duely Licensed to Retail, not only Sold Strong Liquors to Slaves, but often Entertained great Numbers of Them at their Houses, or Suffered them to be Entertained there, which Tempted & Encouraged the Said Slaves, to Rob their Masters & others, for Supporting the Expence of Such Vile Practices, and at the Same time Contributed very much to form the Late wicked Conspiracy for Burning the Houses and Murdering the Inhabitants of the Said City.

FOR REMEDY of which Dangerous Evils, Be it Enacted by the Authority aforesaid, That no Person or Persons whatsoever, Shall be allowed or Permitted to Retail any manner of Strong Liquors in their Houses or Elsewhere at any time during the Continuance of this Act, until He, she, or they have first Entered into Recognizance, that is to Say, in the Cities of New York & Albany, before the respective Mayors thereof, and in all the Several Counties of this Colony, before two Justices of the Peace, in the Penal Sum of Twenty Pounds, with Sufficient Security in the Like Sum, Conditioned to keep an orderly House according to Law, during the Time they shall be so Licenced to Retail as aforesaid, and thereupon the respective Mayors, or the Said Justices, Shall Grant to the Person or Persons, who have Entred into Such Recognizance, a Licence under his or their Hands & Seals, to retail Strong Liquors in Such House or Place to be Mentioned therein, at any time or times During the Continuance of this Act, Which Recognizances are to be Lodged by the Person or Persons, before whom the Same are taken, vizt. In the Citys of New York & Albany with the Town Clerks, and in the Counties with the respective Clerks thereof, And upon Complaint made of the Breach of the Said Condition, it shall be Lawfull for the Said Mayors & Aldermen of New York & Albany, or the greater Number of them, and in the Counties for the Justices at the General or Special Sessions of the Peace to Suppress the Licence or Licences of Such Offender or offenders.

BE it further Enacted by the Same Authority that no Person or Persons who have Obtained Such Licence as aforesaid Shall be Permitted to Retail Strong Liquors, before He, she or they, have Agreed for the Excise with Such Farmer, or Farmers, as have taken the Excise in the Place, where He, She, or they Intend to Retail, and Secure to him or them, the Payment of the Sum agreed on, by Bond or otherwise, at the Direction of the Said Farmer or Farmers, who are thereupon to give a Permit in writing unto Such Person or Persons to retail Strong Liquors.

BE it Enacted by the Same Authority, That if any Person or Persons, Shall Retail Strong Liquors in this Colony, before He, She or they have Entered into Recognizance & obtained a License and Permit in manner as Aforesaid, He, She, or they so offending, Shall not only be Subject and Liable to the Penalties & Forfeitures contained in the before Mentioned Act, but more over Forfeit the Sum of Five Pounds, to be recovered in a Summary Way, In the City's of New York & Albany before the Mayor or Recorder, & one or more Alderman of the Said City's respectively, and in the Counties by any two Justices of the Peace, one whereof to be of the Quorum, and if upon Conviction the Said Forfeiture be not paid, the Same is to be Levyed on the Goods & Chattels of the Offender or Offenders by WARRANT under the Hands & Seals of the Persons before whom Such Conviction Shall happen, and if no Goods or Chattels are found on which to Distrain, It shall be Lawfull for the Persons who heard and determined the Cause to Commit the Offender or Offenders to Goal, without Bail or Mainprize for the Space of Three Months, unless the Said Penalties are Sooner Discharged, and the Said respective Magistrates, Shall be & hereby are fully Impowered, Directed and Required to hear and determine, these matters in manner as aforesaid, and to give Judgment, and if need be, to Award Execution thereon, and to Issue a Warrant or Warrants for Committment of offenders as the case may require.

AND That the Expence of being Qualifyed to Retail may be within the bounds of Moderation, BE it Enacted by the Authority Aforesaid, That no more or greater Sum Shall be Demanded, or Received for a Recognizance and Licence in the City's of New York & Albany, than the usual & Accustomed Fees, and in the respective Counties, than the Sum of Three Shillings.

AND WHEREAS Several Persons, as well in the Said Cities as in the Counties, not being Tavern Keepers, Dispose of Strong Liquors from their Cellars or Stores, under the Quantity of Five Gallons, carryed from thence to other Places, BE it provided & Enacted by the Same Authority, That Such Persons Shall not be obliged to Enter into Recognizance & take Licence in manner as aforesaid, any thing contained in this or the Aforesaid Act to the contrary notwithstanding, But that They & Each of Them Shall nevertheless be & hereby are required & obliged to agree for the Excise with the Respective Farmers thereof, and to Obtain his or their Permit for so doing, before Such Person or Persons shall Retail Strong Liquors without Doors, under the Said Quantity of Five Gallons, and in Default hereof Every offender & offenders SHALL be subject & Lyable to the Penalties & Forfeitures which in Such cases are Directed & Mentioned in & by the Act aforesaid.

AND be it Enacted by the Same Authority, That of all the Penalties, which may arise upon the breach of the Recognizances, hereby directed to be Entered into, One half Shall be to the Informer or Informers, that Shall Sue for & Prosecute the Same to Effect, and the other half Shall be paid to the Treasurer, and Imployed by him to Sink & Cancel Bills of Credit Struck & Issued upon the Duty of Excise, and that all other Forfeitures which may arise by Virtue of this Act, Shall be to the Sole use & benefit of the Farmers Respectively.

AND be it farther Enacted by the Authority aforesaid That all the Moneys to be paid to the Treasurer, by the Several before named Farmers, Shall be Imployed for and Towards Cancelling Bills of Credit Struck & Issued upon the Said Duty of Excise, at the Time and in the manner Directed in & by an Act, Intituled an Act farther to continue the Duty of Excise & the Currancy of the Bills of Credit, Emitted thereon. and to Strike Some New Bills for Exchanging Such old ones , as are or may be unfitt to Circulate, Passed in the Thirteenth year of his present Majesties Reign, and to & for no other use or Purpose whatsoever."

Source: The Colonial Law of New York From the Year 1664 to the Revolution Including the Charters to the Duke of York, The Commissions and Instructions to Colonial Governors, The Duke's Laws, The Laws of the Dongan and Leisler Assemblies, the Charters of Albany and New York and the Acts of the Colonial Legislatures from 1691 to 1775 Inclusive, Vol. III, pp. 372 - 377 (Albany, NY: James B. Lyon, State Printer 1894).

See also, id., pp. 599 - 605 (an analogous statute passed September 1, 1744); id., pp. 857 - 863 (an analogous statute passed November 25, 1751).

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Philip Pell, Sr. and Joseph Rodman of Pelham Appointed In 1750 as Commissioners to Oversee Public Roads in Pelham

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A review of colonial statutes passed in the Colony of New York between 1664 and the Revolutionary War reveals several that relate to Pelham in Westchester County. For example, a statute enacted in 1750 appointed Philip Pell, Sr. of Pelham to oversee public roads in the area. Today's Historic Pelham Blog transcribes the text of that entire statute. The transcription appears immediately below including editorial comments from the publication in which the statute appears, cited in full below].

"[CHAPTER 905.]

[Chapter 905 of Livingston & Smith, where the act is printed in full. Chapter 905 of Van Schaack, where the title only is printed. See chapter 801, which is revived by chapter 1458.]

An Act to alter part of an Act Entitled an Act for the better Clearing Regulating & further laying out Publick High Roads in the County of West Chester

[Passed, November 24, 1750.]

WHEREAS many of the Commissioners for Regulating & Laying out High Ways in the County of Westchester, appointed in & by an Act Entituled an Act for the better Clearing, Regulating, & further laying out Public High Roads in the County of Westchester, passed in the nineteenth Year of his Majesties Reign are Dead, Since the passing the said Act, by which Means the goods Ends & Purposes intended thereby may be defeated, for preventing whereof.

BE IT ENACTED by his Excellency the Governor the Council & the General Assembly & it is hereby Enacted by the Authority of the Same, That the Several Persons herein after named, To wit

For Westchester & Fordham Edward Stephenson Joshua Hunt & Anthony Bartow

For East Chester, William Pinckney John Burling & Charles Vincent

For New Rochell & Pelham Collonel Anthony Lispenard, Philip Pell & Joseph Rodman.

For Rye & the white Plains Collonel William Willet Jonathan Brown & Gabriel Lynch.

For Memoranack James De Lancey Esq'r John Gedney & Underhill Bud

For Bedford John Holmes, Abraham Miller & Marcus Moesman,

For North Castle George Dennis, Daniel Seaman & James Weeks

For Salem Josiah Gilbert, James Brown Esq'r & Peter Benedict

For the Mannor of Cortland Philip Verplank Esq'r Hercules Lent and Pier Van Cortland.

FOR the mannor of Phillipsburgh Frederick Philipse Esq'r Major Frederick Philipse Nathaniel Underhill & James Van Cortlandt Esq'r Shall be and hereby are, appointed Commissioners to regulate & lay out High Ways in the said County, for the Places for which They are respectively appointed, and Shall be and hereby are vested with as full Power and Authority for that End, To all Intents Constructions and Purposes whatsoever as if they had been Actually named & appointed in and by the aforesaid Act, any Thing therein Contained to the Contrary notwithstanding"

Source: The Colonial Law of New York From the Year 1664 to the Revolution Including the Charters to the Duke of York, The Commissions and Instructions to Colonial Governors, The Duke's Laws, The Laws of the Dongan and Leisler Assemblies, the Charters of Albany and New York and the Acts of the Colonial Legislatures from 1691 to 1775 Inclusive, Vol. III, pp. 829 - 830 (Albany, NY: James B. Lyon, State Printer 1894).

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17th Century Papers Relating To Westchester County Published in 1849 Contain References Important to Pelham

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During the 19th century, Edward B. O'Callaghan worked feverishly to translate many mid-17th century manuscripts written in Dutch. The manuscripts related to the early history of New Netherland and the settlement of New Amsterdam. Portions of those materials related to the history of what later became lower Westchester County and portions of the lands acquired by Thomas Pell on June 27, 1654. His groundbreaking work was fortunate because, early on March 29, 1911, the unthinkable happened.

A fire decimated the New York State Library, engulfing one of the nation's most precious collections of early American paper records. The fire destroyed nearly a half a million books, more than a quarter million manuscripts and the entire catalog of nearly one million cards. Rumors spread that a careless cigar smoker caused the fire, but evidence suggested that electrical wiring actually caused the disaster.

In any event, the disaster meant that much of the 19th century work by O'Callaghan was all the more important because it preserved history that, otherwise, was lost or seriously damaged due to fire. Some of that history is important in the documentation of the development of Pelham. With that important point in mind, today's Historic Pelham Blog Postings will transcribe materials related to Westchester County from one of O'Callaghan's translations published in 1849. Take care to notice the references to "Thomas Pel" and "Pel" -- references to the man considered by many to be the founder of Pelham, New York. (A full citation to the source appears at the end of the transcription reflected below.)

"[Vol. III, Page 919]

XIII.
PAPERS
RELATING TO
WESTCHESTER COUNTY.

[Vol. III, Page 919 / Vol. III, Page 920]

[Blank]

[Vol. III, Page 920 / Vol. III, Page 921]

JOURNAL

Of BRIAN NUTON, Captn Lieutenant; CORNELIS VAN RUYVEN Secretary and CAREL van BRUGGE Commissary, appointed by the Heer Director General STUYVESANT to go in a boat a second time to Oost-dorp.

[Translated from the Dutch.]

Anno 1656, 29th Decembr Having received our instructions from the Heer General we rowed out with the boat of the Honble Company's ship from before Fort Amsterdam on the 30 ditto. about 7 O'Clock in the morning to proceed on our journey to Oostdorp, accompanied by Claes Bordingh as pilot, as the Companys Skipper was never through Hell-gate, and the Skipper of the Company's bark and a Sailor to row us thither

Manhattan Island being passed, our sailors said the tide was ebb; that they could perceive it in the rowing. Hell-gate being neared in the meanwhile, we found indeed by the strong current which ran through it that the tide was ebbing and that our people had not well calculated the tide. We were, therefore, obliged if we would prosecute our journey, to await the Tide on this side Hell-gate; for we still hoped to arrive betimes in the evening at Oostdorp and to accomplish our Mission, and to row back with the return tide in the night from there to the Manhatans so as to be home on Sunday, but we found ourselves sorely deceived in our expectation, as appears by the sequel --

Having gone ashore during the ebbing of the tide, on this side of Hell-gate where William Hallet's house & plantation formerly stood, which were laid waste by the Indians about September of the year 1655; we made a fire there by aid of spunk which we had; found in the shallow water on the strand some Oysters which we fried and ate, whilst thus engaged, a fine herd of Cattle came right by us feeding along the beach; there were about sixteen cows both old & young, and 5 @ 6 horses [Vol. III, Page 921 / Vol. III, Page 922]

Having viewed these as well as the land which is there quite flat and apparently of good soil; and having eaten of what we had brought with us, it became low water. We embarked again in our boat, and passed through Hell-gate and by the fast anchored Brothers 1 [Footnote 1] to the Kill in front of Oostdorp into which we pulled and hugged to our sorrow close on the west bank of said Kill, when after rowing up a short way, we ran ourselves aground. Our people looked for deep water but found none. As our pilot calculated that there would be still an hour and a half of ebb, we were obliged to row ashore as we were not willing to remain with the boat in the Kill in such cold weather; we went ashore on the west bank and built a fire there, the land being apparently barren and stoney. Standing here together around the fire, we heard an Indian call. Some of us going out, on hearing the noise, found two Indians lying in a canoe, fishing, in front of the kill; as soon as the Indians saw us they paddled away in their skiff.

Being on the strand we found the kill entirely dry except a Channel which we descried on the east or left side of the mouth of the Kill, which appeared to us to be so deep and so wide, that a boat could be rowed up through it at low water. Having remained there about two hours we found the water increasing.

We entered our boat and rowed toward Oostdorp where arriving we went to Mr Newman's house. We were met, on the way, by John Lord one of those elected as Magistrate, who went with us to Mr Newman's, where on our arrival we found all abed. Thereupon John Lord invited us to his house whither we proceeded because Newman was abed, and we did not wish to trouble him, being a man of 72 years.

On arriving at John Lords we communicated to him the object of our journey, and requested him to have the Inhabitants summoned in the morning at day light by an Indian. He answered us -- 'Tis our Sabbath morning; the Inhabitants will not come. We asked him to learn the opinions of the principal settlers at once, as we could explain our business in half an hour, without hindering their service. Which he proceeded to do.

[Footnote 1] 1 The 'Brothers' are two small islands in the Sound, situate near the South Easternmost extremity of Westchester County. ED

[Vol. III, Page 922 / Vol. III, Page 923]

But brought us for answer, No -- that they were in no way so inclined. Although we would fain reach home by Sunday noon, we were obliged to remain there until Monday, as they would not be prevailed on to assemble on Sunday.

31st ditto. Sunday. Went to examine the Village somewhat. It is a very stoney place, thickly covered with trees. At noon were invited to dine at Mr Newmans. After dinner Cornelis van Ruyven went to the house where they assemble on Sundays, to observe their mode of worship, as they have not as yet any clergyman. There I found a gathering of about 15 men and 10 to 12 women. Mr Baly made a prayer, which being concluded, one Robbert Basset read a Sermon from a printed Book composed & published by an English Minister in England. After the reading Mr Baly made another prayer and they sung a Psalm and seperated. In the evening we were invited to supper to Robbert Basset's, and having taken our leave we went to sleep at John Lords house: neither he nor any of the members of his family came home this night, which much surprised us.

A o 1657. 1st January. He came home an hour after daybreak. He said he remained abroad in order that we may have more room. We requested him to have the drum beaten forthwith to get the people together; to which he said, he had given orders to beat the drum, and the majority of the Inhabitants being assembled we communicated to them the object of our mission, and that the Hr Director general of N. Netherland had from the six persons named by them elected three as Magistrates for Oostdorp viz. Mr Newman, Mr Lord, & John Smith, and exhibited and read to them the commission granted to the Magistrates. After the reading was concluded, one Robert Basset requested to speak a word, which being allowed, he said there was one among the Magistrates who was unfit to fill the place; that notwithstanding he should respect him as a Magistrate so long as he resided there, as he was selected by the Director General. Thereupon we should have demanded of him who that was and wherein his unfitness consisted; but in order not to make any trouble about him nor to separate leaving the business unfinished and other considerations, we merely answered that he had the nomination of the whole town and was elect- [Vol. III, Page 923 / Vol. III, Page 924] ed with the others by the Heer General; consequently they were bound to acknowledge the whole three as Magistrates, and turning to the Magistrates we requested them to take the oath, which they presently did, one by one, without any objection. This done, we wished them luck and prosperity in their office, and further pursuant to our Instructions requested the actual Inhabitants to take the Oath of Allegiance according to the formulary which we read to them. Whereupon many of them made answer that they had all taken the oath at the Manhattas when they had been carried prisoners thither. Among the rest, Robbert Basset abovementioned said, that he should not subscribe that form, but he should promise to obey as long as he remained in our province, the Director General and his appointed Magistrates and laws so far as these harmonized with the laws of God. Whereupon we asked him if he would subscribe on these words being added. He replied yes. Thereupon as we saw no other chance we determined to write his words; this he said he should do himself. He therefore drew up the writing hereunto annexed, being the sense as before stated in which he signed. This all the Inhabitants then present offered to subscribe, and it was signed, as appears therefrom, by 15 persons, and the oath we read to them was taken by the 3 Magistrates and signed by one of the Inhabitants named George Reith. One of the settlers present named Anthony Gill would not sign either the one or the other. We told him, therefore, in the name of the Director General & Council of N. Netherland, pursuant to our Instructions that he should depart within three days from Oostdorp and within 3 weeks from the Province of N. Netherland, which he said, he should do. Six persons were gone from home to other places, viz. Edward Waeters, Richard Pointom, Samuel Barret, Jonathan Writh, Tomas Stieven, Rochier Wyls, and one was sick, Robbert Roos. These are all the present Inhabitants of Oostdorp, but they told us that 3 @ 4 families more would soon come.

The preceding being, divers of the Inhabitants made the complaints which they requested us to present to the Hr General & Council, in order that a timely remedy may be applied: --

[Vol. III, Page 924 / Vol. III, Page 925]

Firstly, regarding the insolence of the Indians; that they daily threaten to destroy them if they repair under the Dutch which some told us proceeded from Mr. Pel who purchased that piece of land from the Indians on this condition, as they said, that the Indians should deliver it to him unembarassed, and maintain him in it against all who may have claims to it, and that the said Pel now daily importuned the Indians to return his money, or otherwise that the Indians according to Deed of Sale, should free him from the Dutch nation who claim it as their property.

Secondly, That the Heer General had promised them when his Honour had them removed thence, that each should have his arms restored. This, they said, was not done, but that many among them yet missed their arms -- one a snaphammer and the other a pistol, and some a musket whereby they were deprived of arms; Request that the said promise may be fulfilled.

Thirdly, That they were never well supplied with arms and were stripped, as aforesaid, of the few which they had; therefore, should the Indians make any attack on them, they musdt immediately surrender; they, consequently, request that the Village be provided with some muskets, powder, lead & match which they would preserve in a Magazine for the Town.

We promised to Communicate the whole of this Remonstrance to the Hr Director General & Council.

The business being completed and leave taken, we went to Mr Ferris' who invited us to breakfast. This done, the tide being favorable after breakfast, we resolved to depart though it rained hard. We, accordingly took our leave both of the inducted Magistrates and Inhabitants generally, and rowed according to our Calculation about 12 o'Clock out of the Kill; passed Hell-gate with a favourable tide and landed about 3 o'clock at the Manhatans; reported our return and delivered these in Amsterdam in N : Netherland the 1. January, 1657.

BRIAN NEWTON
C. V RUYVEN
CAREL van BRUGGE

[Vol. III, Page 925 / Vol. III, Page 926]

The first Jannuary [sic] Ao 1657 : In east towne in the N. Netherlands.

Wee hose hands are vnder writen do promes to oune the gouernor of the manatas as our gouernor and obay all his magastrates and lawes that ar mad acordin to god so long as we liue in his Juridiction.

[Column 1]

Robbert Bassett
X George Reith his mark
John Finch
John Wilson
Richard Horton
Thomas Taylor
X Hendrick Cornelyssen his mark
Thamis Martin

[Colum 2]

Nick Lookerly
John Quimbie
Josiah Gilber
Jonathan Llockwood
X Robert Meacker his mark
X Jeffery Fferris his mark

HONORED SIR

Wee humbly Desr and request that you wold be plesed to send vs a Court Booke and those 12 Mvskets which you spak of with the rest of the ammunition for the use and safard of ovr plantation with the orders and Laws which we are to walk by that wee may know how to akt

THOMAS NEWMAN.

from Este towne the 1 of Jenuary [sic] 1656 [sic?? 1657?]."

Source: O'Callaghan, E.B., ed., The Documentary History of the State of New-York; Arranged Under Direction of the Hon. Christopher Morgan, Secretary of State, Vol. III, Ch. XIII, pp. 919-26, "Papers Relating to Westchester County" (Albany, NY: Weed, Parsons & Co. 1849).

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