Dispositive Evidence that John Pell Died After August 15, 1719, Well After His Reputed Death Date of 1702 or 1703

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John Pell, often referred to by members of the Pell Family as the "Second Lord of the Manor of Pelham," was the nephew and principal legatee of Pelham founder Thomas Pell who left his nephew all of the lands that became the Manor of Pelham after his death in late September, 1669.  As I have noted before, there long has been confusion regarding the date of death of John Pell.  

Pell family members long have claimed that John Pell drowned in a boating accident during a storm on Long Island Sound in 1702 or 1703. See, e.g., Pell, Robert T., Pelliana: Pell of Pelham, p. 25 (Privately Printed, 1934).  As seems so often to be the case, the error can be traced back at least to the work of Robert Bolton, Jr. in his multi-edition and multi-volume history of Westchester County.  

For example, the 1881 edition of Bolton's work states "The Hon. John Pell is said to have been cast away and drowned in his pleasure boat which foundered in a gale off City Island, sometime in the fall of 1702.  He died intestate, leaving issue by his wife Rachel, two sons and two daughters."  Bolton, Jr., Robert, The History of the Several Towns, Manors, and Patents of the County of Westchester, From its First Settlement to the Present Time, Carefully Revised by Its Author, Vol. II, p. 60 (NY, NY:  Chas F. Roper, 1881) (edited by C. W. Bolton).  This statement by Bolton appears to be an update of an earlier, and similarly-erroneous assertion, contained in the 1848 edition of his work stating:  "The Hon. John Pell appears to have died intestate cir. 1700, leaving issue by his wife Rachel Pinckney, two sons and several daughters."  Bolton, Jr., Robert, A History of the County of Westchester, From Its First Settlement to the Present Time, Vol. I, p. 540 (NY, NY:  Alexander S. Gould, 1848).

Today's Historic Pelham Blog article presents dispositive primary source evidence that John Pell, known to members of the Pell Family as the "Second Lord of Pelham Manor" died nearly two decades later than 1702 or 1703, some time after August 15, 1719.  This article also sheds light on why no will for John Pell ever has been located.  There likely was not one because, before his death, John Pell sold all of the Manor of Pelham including all houses, outbuildings, appurtenances, etc. to his eldest son, Thomas Pell, leaving little but personal items for disposition upon his death. 

The two principal items of evidence that demonstrate that John Pell, so-called "Second Lord of the Manor of Pelham," lived well beyond 1702 or 1703 when he supposedly drowned are two deeds that indubitably reflect land transfers from him to his eldest son, Thomas Pell.  The two deeds reflect a continued adherence by the Pell family in America, at least at that time, to the notion of Primogeniture.  Generally speaking, Primogeniture is the custom of the paternally-acknowledged firstborn son to inherit or receive his parent's entire (or principal) estate.  

The first of the two deeds reflects a gift of property from "JOHN PELL, SENE. [i.e., Sr.] of ye Mannor of Pelham, in ye County of Westchester, and Pevince of New York peoprietor of ye same &c." to his "loveing Son Thomas Pell of ye same place in ye County and Pevince aforesd. Esqe." in a deed of gift registered in Westchester County Deebooks, Liber E, pp. 17-18 dated May 3, 1712 (Old Style, Julian Calendar).  This, of course, was nine or ten years after John Pell supposedly was drowned off City Island shores according to Pelham historians, Pell family members, and some genealogists.  The deed, transcribed in its entirety below with a citation and link to its source, is a fascinating document because references contained in it provide enough information to suggest a rough area encompassed, at least in part, by the deed of gift transferring lands to young Thomas Pell.

The deed describes the land conveyed to Thomas Pell as follows:

"one CERTAIN peice and parcell of land scituate lying & being inye Mannor aforesd. and is butted and bounded as is hereafter expressed yt. is to say BEGINNING from ye West corner on ye north side of ye way that goes down to ye salt to ye Plumb tree Hammock & Cove wch. way runs northwest & by west from ye salt water and from yt. west corner to run northwd. to ye going through by ye Lawroll swamp being at ye head of mill brook & from ye going through by Lawroll swamp to run a streight line to ye West Corner of ye south ye end of ye fresh meadow and so to run down by ye sd. Fresh meadw as ye meadow lyes southwd. untill it meets wth. a divisinall line of Me. Leyshers or ye Ffrench purchase and south the eastward to ye sd. Divisinall line ending att ye alt or place called Shole Harbour to a certain mark tree at highwater mark and from thence with all ye upland on ye west and southwest side of ye sd. Divisinall line till it meets with ye Fresh meadow together with a third part of ye Fresh meadow as also twenty five acres of salt meadow lyeing on ye west side of ye brook and yt. salt creek wch runs unto Eastchester and from ye corner tree cross ye way soward from ye west corner on ye north side of ye way extending to ye saltwater of ye plumb tree Hammock and cove being ye no. end of ye land to run to ye salt creek lying before me now dwelling house of ye said Thomas Pell wch. creek is ye south bounds on ye east all wch. tract of land sowd. from ye highway leading to yeye salt water is bounded as followeth, on ye north by ye cross way going to ye salt at plumb tree cove bounded on ye south by ye salt cove near ye south and of ye great hammock on ye east by ye salt water over against pelican Island and ye Bay and by plumb tree Hammock bounded on ye west by a line at highwater mark distant from ye salt water thirty two rodd westwd. beginning at ye west corner of ye sd. line from thence running southwest till meet with ye salt meadow near ye south end of ye Great Hammock wch. line at thirty two rodd distant from highwater east is ye east line of Thomas Pell land wch. extendsin breadth west to a line beginning at a salt creek where is ffence stands being south before ye sd. Thomas Pells house and runs northward in a direct line till it meets with ye west end of ye first cross line from ye salt to plumb tree cove together with all ye ground and wch ye house cellar and garden cow yard all being to ye westward of his sd. line."

Among the numerous significant references in the deed are included the following, among others:  (1) the "divisinall line of Me. Leyshers or ye Ffrench purchase" which is a reference to the New Rochelle border with Pelham that was the dividing (i.e., divisional) line between Jacob Leisler's (i.e., (Leyshers") purchase on behalf of French Huguenots (i.e., "Ffrench purchase") on September 20, 1689; (2) "Plumb tree Hammock & Cove," "plumb tree Hammock and cove," and "plumb tree cove" and (3) "Shole Harbour."  These references and the remainder of the description of the land conveyed suggest that John Pell gifted to his son via the deed of gift a large tract that, very generally speaking, covered the northern section of the Manor of Pelham from Long Island Sound to Eastchester, limited by the border with Rochelle, and beginning from the east in an area southwest of the then-border with New Rochelle (a little different than today's) in an area encompassed by Shore Park (built atop what once was known as "Shoal Harbor" and the small cove in today's Pelham Bay Park where water floods across Shore Road in heavy rains just south of the Pelham Manor Border.  That cove once was known as "Plum Cove" and the higher area around it including the area where the Hunter Island Inn once stood as "Plum Tree Hummock" and "Plum Tree Hammock."  The description of the lands conveyed also indicates that at the time of conveyance young Thomas Pell already had a "house cellar and garden cow yard" within the boundaries of the conveyance.

The second deed was executed seven years later on July 15, 1719 (although John Pell personally appeared before a local justice of the peace one month later on August 15, 1719 to acknowledge the deed).  Thus, John Pell clearly died not in 1702 or 1703 but on some as yet unknown date on or after August 15, 1719.  

The 1719 deed was registered Westchester County Deebooks, Liber E, pp. 210-11 dated July 15, 1719 and attested August 15, 1719 (Old Style, Julian Calendar).  It reflects a sale from, once again, from "JOHN PELL, Senr., Esqr.. of ye Mannor of Pelham in the County of Westchester & Province of New York" to his "beloved sone THOMAS PELL of ye same place, Esqr."  Interestingly, in this deed, John Pell conveyed all his remaining property in the Manor of Pelham to his son, Thomas, thereby likely obviating the need for a will to do the same and, thus, suggesting an explanation for why no will ever has been located by researchers for John Pell, so-called "Second Lord of the Manor of Pelham."

Specifically, the land conveyed in this 1719 deed is described as follows:

"ALL yt my lands and meadows belonging or in any way appertaining or by any right & priviledge belonging to ye said Mannor as aforesd.  TOGATHER with all houses, out houses, orchards, gardens, fence and fences, runns & revioletts, streams, rivers, & all emouluments and buildings thereunto belonging or in anywise appertaining &c.."

In short, these two early 18th century deeds indicate that John Pell (who is often labeled by Pell Family members as "Second Lord of the Manor of Pelham) lived for years after 1702 or 1703 when, according to Pell Family tradition, he died in a boating accident.  They establish, dispositively, that John Pell could not have died before August 15, 1719.

Moreover, as one might suspect, other evidence supports this evidence that John Pell lived beyond 1702.  For example, it turns out that the early 18th Century "Records of the Combined Parish of Westchester (Bronx), Eastchester, New Rochelle, Yonkers, Pelham, and Morris Anna 1702 - 1720 contain some evidence that Justice John Pell of the Manor of Pelham was alive and well after the time he reputedly died according to Pell Family tradition.  

In March 1975, the Eastchester Historical Society released the records of this combined parish in the form of a typed manuscript.  According to a foreword:  "These records were copied by the Eastchester Historical Society from a typed copy in the Library of the Westchester County Historical Society, which record is marked 'Records of St. Peter's Church, Westchester.'"  According to an Editor's Note in the same material:

"This combined parish was one of the earliest in New York State.  It was established in the 1690's and continued in various combinations of towns and churches up to incorporation of churches in 1797.  In the early days it was a necessity as none of these early churches were wealthy enough to pay for a minister by themselves.  In the early 1700's the minister resided in the old Town of Westchester and journeyed at stated periods to preach in his other churches."

For an extensive history of the combined parish, the early records of which are reflected in the transcript of the Eastchester Historical Society released in March, 1975, see:  Bolton, Robert, History of the Protestant Episcopal Church, in the County of Westchester from its Foundation, A. D. 1693, to A. D. 1853 (NY, NY:  Stanford & Swords, 1855).  

The earliest record of the combined parish transcribed by the Eastchester Historical Society is dated January 12, 1702 (Old Style Julian Calendar).  Interestingly for present purposes, the transcribed records contain records referencing Justice John Pell of the Manor of Pelham.  Today's Historic Pelham Blog article will discuss such entries relating to John Pell.  Care should be taken to consider the context of such records because genealogists and Pell family members widely believe that John and Rachel Pell had a son they named "John" after his father. 

In the earliest record of the combined parish, among the parishioners who was present during a meeting of the parish that day to elect Vestrymen and Church Wardens was "Mr. Justice Pell."  Among the Vestrymen elected was a son of Justice John Pell named Thomas Pell (named after John Pell's uncle who left him the lands that became Pelham).  Records of the Combined Parish of Westchester (Bronx), Eastchester, New Rochelle, Yonkers, Pelham, and Morris Anna 1702 - 1720, p. 2 (Eastchester, NY:  Eastchester Historical Society, Mar. 1975) (typewritten mss; hereinafter "Records of Combined Parish").

"Justice Pell" is shown four months later as present "Att a meeting held by the Vestry etc on the 20th of May 1703 [Old Style]."  Interestingly, the meeting was held that day "by reason of the County Courts held this day" which John Pell, as a local Justice, attended.  Records of Combined Parish, p. 3.  Mr. Justice Pell attended attended another such meeting of "Justices & Vestrymen of Westchester, Eastchester Yonkers & the Mannor of Pelham" on June 5, 1703.  Id.  At the meeting there was a decision to raise 55 pounds "for the Ministers Mainainance & poor of the parish" with Pelham, which had virtually no residents, responsible for raising 1 pound and 13 shillings.  Id. at pp. 2-3. John Pell also is shown as present "Att a meeting of ye Justices & Vestry & Churchwardens" on May 15, 1704.  Id. at p. 10.  

The May 15, 1704 reference to John Pell appears to be the last such reference to him within the records of the combined parish.  Thereafter there appear numerous references to his son, Thomas Pell, who served as a Vestryman.  Additionally, a record dated January 31, "1710/11" (Old Style) references Thomas Pell for the first time as "Justice Thom Pell."  Id. at p. 32.  There is a later record of a meeting the the "Justices Vestry & Inhabitants of ye Parrish of West Chester" held on January 13, 1718 (Old Style) showing not only that Justice "Thomas Pell" was present but also a Vestryman named "John Pell Minor" was present.  This clearly is a reference to the son of that Justice Thomas Pell who was named John Pell after his grandfather.  Id. at p. 47.  See also id. at pp. 48, 49, 51.

The May 15, 1704 reference to John Pell must be added to the evidence of which we currently are aware demonstrating that John Pell did not die in a Long Island Sound boating accident in 1702 or 1703.  Such evidence, previously denoted, includes two pertinent abstracts of Westchester County deeds reflecting conveyances of property by John Pell, Sr. in the Manor of Pelham long after 1702-03.  The abstracts are quoted below, each followed by a citation to its source. 

"P. 17: John Pell, Senr., of the Manor of Pelham, Proprietor of ye same, to son Thomas Pell, land in ye Manor aforesaid, May 3, 1712." 

Source:  Bristol, Theresa Hall, ed., "Westchester County, N.Y., Miscellanea" in The New York Genealogical and Biographical Record, Vol. LII, p. 74 (NY, NY: The New York Genealogical and Biographical Society 1921) (citing p. 17, Liber E, Land Records, Westchester Co., N.Y.). 

"P. 210: John Pell, Senr., Esq., of Peham Manor, to son Thomas Pell; 1719." 

Source:  Id., p. 78 (citing p. 210, Liber E, Land Records, Westchester Co., N.Y.).

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I have written about these issues on previous occasions.  See:

Mon., Oct. 12, 2009:  More Evidence that John Pell Died Well After 1702 or 1703 When Some Say He Died in a Boating Accident on Long Island Sound. 

Wed., November 7, 2007:  A Secondary Source To Follow Up On Regarding When John Pell, Nephew of Thomas Pell, Died. 

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Portrait of John Pell, So-Called "Second Lord" of the Manor

of Pelham Who Was a Nephew and the Principal Legatee of

Thomas Pell, the Founder of the Manor of Pelham.  NOTE: Click

on Image to Enlarge.

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Transcribed below in full are the full land conveyance records abstracted immediately above, followed by citations and links to their sources.

"TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT DEED OF GIFT SHALL COME I, JOHN PELL, SENE. of ye Mannor of Pelham, in ye County of Westchester, and Pevince of New York peoprietor of ye same &c., SEND GREETING know yee yt. I, ye sd. John Pell, Sene., as abovesd. ffor and in consideration of ye love good will and affection wch. I have and do bear towardes my loveing Son Thomas Pell of ye same place in ye County and Pevince aforesd. Esqe., have given, granted & by these presents do do fully freely clearly and absolutely give grant, assure and confirm to my beloved son Thos. Pell his heirs, and assigns forever all yt.   TO HAVE AND TO HOLD ye before granted within premises wth. all ye right title interestone CERTAIN peice and parcell of land scituate lying & being inye Mannor aforesd. and is butted and bounded as is hereafter expressed yt. is to say BEGINNING from ye West corner on ye north side of ye way that goes down to ye salt to ye Plumb tree Hammock & Cove wch. way runs northwest & by west from ye salt water and from yt. west corner to run northwd. to ye going through by ye Lawroll swamp being at ye head of mill brook & from ye going through by Lawroll swamp to run a streight line to ye West Corner of ye south ye end of ye fresh meadow and so to run down by ye sd. Fresh meadw as ye meadow lyes southwd. untill it meets wth. a divisinall line of Me. Leyshers or ye Ffrench purchase and south the eastward to ye sd. Divisinall line ending att ye alt or place called Shole Harbour to a certain mark tree at highwater mark and from thence with all ye upland on ye west and southwest side of ye sd. Divisinall line till it meets with ye Fresh meadow together with a third part of ye Fresh meadow as also twenty five acres of salt meadow lyeing on ye west side of ye brook and yt. salt creek wch runs unto Eastchester and from ye corner tree cross ye way soward from ye west corner on ye north side of ye way extending to ye saltwater of ye plumb tree Hammock and cove being ye no. end of ye land to run to ye salt creek lying before me now dwelling house of ye said Thomas Pell wch. creek is ye south bounds on ye east all wch. tract of land sowd. from ye highway leading to yeye salt water is bounded as followeth, on ye north by ye cross way going to ye salt at plumb tree cove bounded on ye south by ye salt cove near ye south and of ye great hammock on ye east by ye salt water over against pelican Island and ye Bay and by plumb tree Hammock bounded on ye west by a line at highwater mark distant from ye salt water thirty two rodd westwd. beginning at ye west corner of ye sd. line from thence running southwest till meet with ye salt meadow near ye south end of ye Great Hammock wch. line at thirty two rodd distant from highwater east is ye east line of Thomas Pell land wch. extendsin breadth west to a line beginning at a salt creek where is ffence stands being south before ye sd. Thomas Pells house and runs northward in a direct line till it meets with ye west end of ye first cross line from ye salt to plumb tree cove together with all ye ground and wch ye house cellar and garden cow yard all being to ye westward of his sd. line. claim and demand wtsoever wch. I now have or wch. any or either of my heirs, executors admtrs. or assigns may moreafter have of to or in ye sd. granted promises or any part thereof, to him ye sd. Thos. Pell his heirs and assigns to ye only proper to have hold use occupy possess and enjoy ye sd. granted pemisses unto him ye sd. Thos. Pell his heirs, and assigns without any hinderance or molestation wtsoever from by or under mee or any peson or pesons yt shall or may hereafter at any time or times claiming any right title interest or demand of or into ye sd. granted pemisses absoutely wthout any manner of condition as I ye sd. John Pell Sene. proprietor as further testimony provided always yt. this sd. grant shall and may be lawfull at all times upon ye aforesd. land or any part thereof, any place upon ye water side to erect build any vessell or vessels and to take what ship timber if so found upon ye land requiset upon ye land and to have free ingress and regress way and passage for any carriage or carriages for bringing ye sd. timber to ye water side at all times and seasons any thing to ye contrarywise notwithstanding ye way to ye Plumb tree Hammock to swim over cattle or horses not be impeated or hindred as also yt. my son Thomas Pell if he shall see cause to ffence up to ye upper way including to ye waterside then ye sd. Thomas Pell, shall make one or more spur gates as occassion shall require for free passage for man and horses.  IN WITNESS WHEREOF I ye sd. John Pell ye Eleaventh year of Soveraign Lady Ann by ye grace of God of Great Brittain Ffrance & Ireland, Queen Defender of ye Faith & in ye year of our Lord one thousand seaven hundred & twelve.

JOHN PELL (L. S. )

Signed, sealed & delived. in pesence of us -- 

Memorandm. before ye ensealing and delivery hereof ye words (of gift) was interlind.

Thomas Pinkney
Edward Ffitzgerrard.

May ye 3d, 1712, Then appeared before mee John Pell, Sene., Proprietor as wthinsd. deed.

Its. Testate. Thos. Pinkney, Justice of Peace, Compt. Westcheste.

This is a true copy of ye originall entred & compared by mee.

Danll. Clark, Clk."

Source:  County of Westchester New York Deedbook E 1712 - 1724, pp. 17-18 (available via FamilySearch.org via New York Land Records, 1630-1975:  Westchester - Deeds 1708 - 1730 Vol. D-F) (free account required to access via this link).  

"TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT DEED OF SALE SHALL COME, GREETING.  KNOW YE. yt. I, JOHN PELL, Senr., Esqr.. of ye Mannor of Pelham in the County of Westchester & Province of New York & for A VALUABLE CONSIDERATION & COMPETENT SUM OF MONEY already in hand paid by my beloved sone THOMAS PELL of ye same place, Esqr.  NOW att the ensealing and delivery of these presents the receipt whereof I do hereby acknowledge & myself therewith fully satisfied and entirely contented and paid and thereof and therefrom and from every part & parcell thereof do forever ququitt, exonerate, release and discharge the said Thomas Pell his heirs, executors administrators and assignes forever by these presents have given, granted, bargained, sold, enfeofed, released, and confirmed and by these presents do fully, clearly & absolutely give, grant, bargain, sell, enfeofe, release and confirm unto him the said Thomas Pell his heirs and assignes forever, ALL yt my lands and meadows belonging or in any way appertaining or by any right & priviledge belonging to ye said Mannor as aforesd.  TOGATHER with all houses, out houses, orchards, gardens, fence and fences, runns & revioletts, streams, rivers, & all emouluments and buildings thereunto belonging or in anywise appertaining &c.. TO HAVE AND TO HOLD he aforesd., granted & bargained lands, and meadows with the appurtenances thereunto belonging or in any appertaining unto him ye sd.. Thomas Pell his heirs and assignes forever.  To the only proper use, benefitt and behoofe of him ye sd.. Thomas Pell his heirs & assignes.  AND it shall & may be lawfull for him ye sd.. Thomas Pell his heirs & assignes from henceforth and forever to have, hold use, occupy and peaceably and quietly to possess and enjoy ye before granted and bargained lands and meadows with ye appurtenances free & clear, freely and clearly acquitted and discharged of an from all & all manner of former and other gifts, grants, bargaines, sales, mortgages, debts, dues and incumbrances wtsoever.  AND I the said John Pell Senr., Esqr., as aforesd., for myselfe, my heirs, exrs., and administrators and for every of them ye before recited, granted & bargained lands and meadows & appurtenances unto him ye sd., Thomas Pell his heirs and assignes shall and will by these presents forever warrant and defend and against all & all manner of person or persons lawfully claiming any right title, intrest or demand whatsoever of or into ye before granted & bargained premises or any part or parcel thereof.  IN WITNESS WHEREOF I the said John Pell Senr., Esqr., as aforesaid have hereunto put to my hand and seal this fifteenth day of July in ye fifth year of his Majesties Reign Annoge Dom. 1719.

JOHN PELL, Senior. (L. S.)

Signed, sealed & delivered in the presence of us,

Thomas Williams
Richard

THEN appeared before me the person of John Pell Senr., Esqr., this fifteenth day of August Annoge Dom. 1719 and did acknowledge this written instrument to be his voluntary act & deed.

Its Testate. THO. PINKNEY, Justice of Peace. Comt. Westchester.  

This is a true coppy of ye originall entred and compared 

pr me.  DANLL. CLARK. Cl."

Source:  County of Westchester New York Deedbook E 1712 - 1724, pp. 210-11 (available via FamilySearch.org via New York Land Records, 1630-1975: Westchester - Deeds 1708 - 1730 Vol. D-F) (free account required to access via this link).

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1702 Deed by John and Rachel Pell Conveying Land to John Hain Refers to Manor Courts of Pelham Manor

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John Pell, often referenced by members of the Pell family and a variety of secondary sources as the "Second Lord of the Manor of Pelham," was the nephew and principal legatee of Thomas Pell who bought lands that became the Manor of Pelham from local Native Americans on June 27, 1654.  Born in England in 1643, John Pell traveled to America in 1670 following his uncle's death to claim his inheritance that included the lands that formed the Manor of Pelham.  

John Pell became a notable and important figure in Westchester County before his death in about 1712. (Many sources claim he died in a boating accident in 1702, although that does not appear to be the case.) 

Today's posting to the Historic Pelham Blog transcribes a deed by which John Pell, with the consent of his wife, Rachael Pinckney Pell, conveyed to John Hain property adjacent to New Rochelle lands the couple earlier had conveyed to Jacob Leisler for sale to French Huguenots.  The deed is very interesting in one respect.  It references the "manour court" of the Manor of Pelham.  Specifically, it contains a provision requiring John and Rachael Pell to defend Hain's ownership interest reflected by the deed, if necessary in the future, on the condition that if Hain were to file suit, serve process, and seek their support in defense of his ownership interest, he would be required to file his suit in the "manour court."  This is one of the few such references to a "manour court" of the Manor of Pelham during the late seventeenth and early eighteenth centuries.  

Portrait of John Pell.

It long has been known that on October 25, 1687, the Captain General and Governor-in-Chief of the Province of New York, Thomas Dongan, issued a royal patent to John Pell reaffirming the deed to the Pell lands earlier granted by Richard Nicholls, Governor-in-Chief of the Province of New York, to Thomas Pell on October 6, 1666.  Among other things, the royal patent issued by Governor Dongan to John Pell established that the lands would "henceforth be called the lordshipp and manner [i.e., Manor] of Pelham" and granted John Pell, his heirs and assigns:

"ffull power and authority at all times hereafter, in the said lordshipp and manner of Pelham aforesaid, one court leete and one court barron, to hold and keepe at such times and so often yearly as he and they shall see meete, and all sines, issues and americiaments at the said court leete and court barron, to be holden and kept in the manner and lordship aforesaid, that are payable from time to time, shall happen to be due and payable by and from any the inhabitants of or within the said lordshipp and manner of Pelham abovesaid; and also all and every the powers and authorities hereinbefore mentioned, for the holding and keepeing of the said court leete and court barron, ffrom time to time, and to award and issue forth the customary writs to be issued and awarded out of the said court leete and court barron, and the same to beare test and to be issued out in the name of the said John Pell, his heirs and assignes, and the same court leete and court barron to be kept by the said John Pell, his heirs and assignes, or his or their steward, deputed or appoynted . . ." 

Source:  Bolton, Robert, The History of the Several Towns, Manors, and Patents of the County of Westchester, From Its First Settement to the Present Time, Carefully Revised by its Author, Vol. II, p. 59 (NY, NY:  Chas. F. Roper, 1881).   

The references to "court leete and court barron" are references to medieval English judicial courts known as "court leet" and "court baron."  The Crown often granted a lord of a manor certain jurisdictional rights over the manor lord's tenants and bondsmen concerning the administration of the manor.  These jurisdictional rights were limited to non-criminal matters and disputes.  In some instances, however, where the lord of the manor was particularly trusted by the Crown, limited criminal jurisdiction could be granted.  According to one source:

"Criminal jurisdiction could, however, be granted to a trusted lord by the Crown by means of an additional franchise to give him the prerogative rights he owed feudally to the king.  The most important of these was the 'view of frankpledge,' by which tenants were held responsible for others within a a grouping of ten households.  In the later Middle Ages the lord, when exercising these powers, gained the name of leet which was a jurisdiction of a part of a county, hence the franchise was of court leet."

See Court Leet, Wikipedia The Free Encyclopedia (visited Apr. 26, 2015) (citations omitted).

Over time, it became customary for the court baron and the court leet to meet together in many areas and, often, the courts together were referenced as the Manor Courts.  

Below is the text of the deed from John Pell, with the consent of his wife, Rachael Pinckey Pell, to John Hain executed in 1702. 

"PAGE 14 -- DEED OF JOHN PELL TO JOHN HAIN -- 1702

Know all Christian People to whom these presents shal Come or whom itt Shall or itt may Concern Sir John Pell proprietor of the Manour of Pelham and Rachel his wife Sent greetings in our Lord [G]od Everlasting Know ye that the sd John Pell with the consent and good Likning of the sd Rachel his wife for the consideration of the Sume of Seaventy pounds currant money of new york to them or one of them well and truly in hand payd by John hain before the Ensealing therof the receipt therof they doe thereby acknowledge and their selves to be fully satisfyed contented and payd and therof and there from and of and from all and Every part and parcell therof doe fully freely and absolutly acquit Exonerate and discharge him the sd John hain his heirs Executors or assignes have granted barguined and sold assured and Confirmed and by these presents guive grand barguin assignes and Confirme unto him the sd John hain his heirs Executors administrators or assignes for Ever the full quantity of fifty accres of Land being and Lying according the Limites here after Expressed that is to say beguining from the marked three [i.e., tree] said to be markd for the division Lignes of the french in new Rochelle purchase to run South to the fresh medow and from Said marked three att the road to run north over the sd road so far as att twenty five rods in breath shall contain the full quantity of fifty accres with all the dependencies of the Same unto him the sd John hain his heirs Executors or assignes to the Sole and onelly proper use besought and benefit of him the sd John hain his heirs or assignes for Ever and the sd parcell of Land and all the apartenancies therof in the peacable and quiett pocession and Injoyment of the sd John hain his heirs Executors or assignes against what persons whatsoever claiming right or titles Lawfully to the Same Shall and will warrant and for Ever deffend by these presents provided allways that the Said purchaser and his heirs or assignes Shall do Suit and Services now or att any tyme hereafter from tyme to tyme the manour court and pay his proportion to the minister in the pleace in wittnesse whereof the sd Sir John Pell and Rachel his wife have hereunto Set theirs hands and Seals in new"

Source:  Forbes, Jeanne A., ed., Records of the Town of New Rochelle Transcribed, Translated and Published By Jeanne A. Forbes, pp. 31-32 (New Rochelle, NY:  The Paragraph Press, 1916).

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A Secondary Source to Follow Up On Regarding When John Pell, Nephew of Thomas Pell, Died

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There long has been confusion regarding the date of the death of John Pell, the nephew of Thomas Pell of Fairfield, who inherited the Manor of Pelham following the death of his uncle in late September, 1669. Numerous secondary sources indicate that John Pell drowned in a boating accident during a fierce wind on Long Island Sound in 1702 or 1703. See, e.g., Pell, Robert T., Pelliana: Pell of Pelham, p. 25 (Privately Printed, 1934); Weigold, Marilyn E., The Long Island Sound: A History of Its People, Places, and Environment, p. 10 (NY, NY: New York University Press, 2004).

Periodically I have seen references to deeds that post-date the 1702-03 time period where John Pell was indicated as a witness. Although I made mental notes of such references, I have done a poor job of documenting them. Thus, when I recently ran across a secondary source that seems to contain such a reference with citations, I decided to document it here for further follow-up. The secondary source material is quoted below, followed by a citation to its source.

"JOHN NELSON, the ancestor of the Nelsons of Westchester, Dutchess, and Putnam Counties, New York, was plaintiff in a suit against Thomas Sprey, of New Amsterdam, 17 January, 1670. (Court Minutes of New Amsterdam, vi. 278.) For a time, at least, he resided at Flatbush, but had removed to Mamaroneck, Westchester County, before 27 July, 1683, on which date he purchased lands from John Richbell and Ann his wife (Westchester Deeds, A. 20), and he was an administrator, with James Mott and Ann Richbell, of the estate of John Richbell, the first patentee of what later became the manor of Scarsdale. John Nelson's home-lot adjoined the land of Robert Penoyer, and is so described in a deed from himself and wife Hendrica to William Pierce, 2 April, 1694. (Ibid., B, 177, 178.) On 28 January, 1707, he conveyed to his 'eldest son,' Polycarpus, a house, lot of land, and orchard, in Mamaroneck, in consideration of which the son was to pay his 'nephew,' Richard Rogers, £10. (Ibid., D, 179, 180.) He served on the grand jury of Westchester County, 1 August 1688; as overseer of Mamaroneck in 1697, and as constable in 1699, and his name frequently appears in the records as a member of various town committees, and always with the prefix of 'Mr.,' a designation of some distinction at that period. He died after 28 March 1713, at which time he was a witness to a deed of John Pell, Sr., brother [sic] of Thomas Pell, second lord [sic] of the manor of Pelham. (Ibid., E, 50.) A low hill in the town of his adoption perpetuates his name. It was made historically memorable during the Revolution for the surprise and defeat, by Colonel Smallwood, of a large body of the British stationed thereon under Major Rogers."

Source: Roebling, Emily Warren, The Journal of the Reverend Silas Constant Pastor of the Presbyterian Church at Yorktown, New York With Some of the Records of the Church and a List of His Marriages, 1784-1825, Together with Notes on the Nelson, Van Cortlandt, Warren, and Some Other Families Mentioned in the Journal, p. 410 (Philadelphia, PA: J. B. Lippincott Company, 1903).

Based on the foregoing, it would seem productive in this regard to review the deed reflected in Westchester Deeds, Vol. E, p. 50.

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Lord Cornbury Installs John Bartow as Rector of the Parish of Westchester, Eastchester, Yonkers and the Manor of Pelham in 1702

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Wills on file in the Surrogate's Office, City of New York, contain entries other than wills. Examples of such entries include material regarding Lord Cornbury's installation of John Bartow as Rector of the Parish of Westchester, Eastchester, Yonkers and the Manor of Pelham in 1702.

Today's Historic Pelham Blog posting transcribes abstracts of those records published in 1893. The abstracts appear immediately below, followed by a citation to their source.

"ABSTRACTS OF WILLS - LIBER 7. . . .

[Mandate of Lord Cornbury in Latin.] To all Rectors, Chaplains, Curates and ministers, and to Caleb Heathcote, Henry Hunt and Josiah Hunt, Church Wardens of the Parish of Westchester, Eastchester, Yonkers, and Manor of Pelham, commanding them to induct the Rev. JOHN BARTOW, as Rector in the said Parish, now vacant, and to put him in possession of the Rectory, Glebe, and Church property. Given under the Prerogative seal of this Province, November 9, 1702.

Cornbury.

[Latin.] By virtue of the above written mandate, and in the presence of Hugh Farquhar and Thomas Hunt, Joseph Haviland, Daniel Clark, and Edward Collier. We William Vesey, Clergyman, and Josiah Hunt, Church Warden of the Parish of Westchester and Eastchester, have inducted the Rev. JOHN BARTOW, in the Parish Church of Eastchester, Westchester, Yonkers, and Manor of Pelham, and put him in possession of the Rectory, Glebe, and Parish property. In Testimony whereof we had subscribed these Presents, December 6, 1702.

We whose names are underwritten, doe certifie and declare, that on Sunday the 6 day of December, anno Domini 1702, JOHN BARTOW, Clerk, after his induction, did in the Parish Church of Westchester, read the morning and evening service, according to the exact form by Act of Parliament prescribed, and immediately after the reading of ye aforesaid service did declare his unfeigned assent and consent to all contained and prescribed in the Book of Common Prayer, as the Law in such cases directs, before ye Congrega- [Page 361 / Page 362] tion on the said day assembled, and also did read ye books of ye 39 Articles of the Church of England, with the ratification. And immediately after ye reading of ye aforesaid Articles and Ratification before the Congregation, did declare, at the above said time and place, his unfiegned assent and consent to them, and to all things therein contained. In Testimony whereof we who were present have hereunto subscribed our names this 6th day of December anno Dom., 1702. William Vesey, Joseph Haviland, Edward Collier, Thomas Hunt, Hugh Farquhar, William Willett, Josiah Hunt, John Williams."

Source: Pelletreau, William S., Abstracts of Wills on File in the Surrogate's Office, City of New York, 1665-1707 in Collections of the New-York Historical Society For the Year 1892, pp. 361-62 (NY, NY: The New-York Historical Society 1893).

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