Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Tuesday, September 11, 2018

Record of John Pell's Sale of City Island in 1685 Reveals the Identities of Two More Early Residents of the Manor of Pelham


It is fascinating to consider that the island we know today as City Island, once part of the Manor of Pelham and -- later -- the Town of Pelham, was likely among a few of the first pieces of land on which European settlers set foot in Pelham.  The island (and the smaller, but adjacent Hart Island) were the first large offshore islands beyond Hellgate.  Hellgate, of course, often was considered the entrance to Long Island Sound from New York City.  It was an dangerous area that bridged the so-called "East River" adjacent to Manhattan and the more westerly Sound.  Thus, City Island (and Hart Island) likely were seen and visited by countless ships and sailors traveling to and from New Amsterdam (later New York City) via Long Island Sound during the early to mid-17th century.  

City Island, of course, was part of Thomas Pell's original purchase from local Wiechquaeskecks on June 27, 1654 (Old Style Julian Calendar).  Although Pell never lived on his purchase, choosing instead to remain in Fairfield, he clearly built a house, barn, and working farm in Pelham.  See Mon., Mar. 31, 2014:  Inventory of the Estate of Pelham Founder Thomas Pell Taken Shortly After He Died in Late September, 1669.  

According to tradition, the home built by Thomas Pell stood not far from the tip of today's Rodman's Neck where a home later built by Samuel Bowne once stood.  From there, occupants looked out from the mainland over City Island.  Actually, it seems likely that a caretaker may have resided in the home built by Pell.  Nevertheless, the tradition that the Pell farm house stood where the home of Samuel Bowne stood has been repeated countless times. For an example, see

"Pelham Neck is terminated by the property of the late Gilbert Bowne [a son of Samuel Bowne]. On the site of the dwelling-house, stood the residence of Thomas Pell, Esq., first lord of the manor. Perhaps the finest view of City Island and the adjacent waters are to be had from this portion of the Point." 

Source:  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. 71 (NY, NY: Chas. F. Roper, 1881).  For more on the Bowne home and family, see, e.g.:  Wed., Apr. 20, 2016:  Photograph and Biography of Gilbert Washington Bowne, a 19th Century Owner of Lands on Rodman's Neck and City Island.  

As early as August, 1668, Thomas Pell seems to have allowed settlers to live for a time on City Island.  Indeed, as I have written before, a couple named Ralph and Mary Hall who were persecuted for alleged instances of witchcraft in the Town of Seatalcott (later known as Setauket, now Brookhaven) fled for a time to City Island in the Manor of Pelham and lived there.  See Fri., May 12, 2006:  Possible Evidence that Residents of the Manor of Pelham Were Acquitted in Rare 17th Century Witchcraft Trial in New York

Now there is evidence that after he inherited Pelham Manor from his uncle and Pelham founder Thomas Pell, John Pell also allowed settlers to reside on City Island.  The evidence appears in a December 11, 1685 deed registered in the Westchester County deed records reflecting a sale of City Island, then known as Mullberry Island and as Great Minneford Island.  Today's Historic Pelham Blog article publishes images of that registered record and transcriptions of it.

I have written before, generally, about this sale of City Island.  See Fri., Oct. 20, 2006:  John Pell, Second Lord of the Manor of Pelham, Sells City Island and Then Buys It Back.  This sale reflects one of the earliest instances of John Pell attempting to sell portions of the land he inherited from his uncle.  In the December 11, 1685 land conveyance, John Pell sold today's City Island to John Smith of Brooklyn.  After Smith's subsequent death, John Pell purchased back the land by making a payment of 50 pounds to Smith's widow and her new husband to "void" the earlier sale.  It seems that during the early 1680s (and before) John Pell was engaged in efforts to arrange settlers and plant families on portions of his land.  See Tue., Apr. 01, 2014:  Significant Discovery: In 1680 and Before, John Pell Sought to Colonize Pelham With Settlers.

Interestingly, the conveyance record of the sale of today's City Island in 1685 allows us to identify two more of the earliest occupants of the Manor of Pelham.  In it, the parties reference that "Mullberry Island or Great Minneford Island" as it then was called was "lately in the possession or ocupation of William Pate and Robert Godfrey."  As the record indicates Pell as the owner of the property at the time, it appears likely that William Pate and Robert Godfrey leased the island, probably to raise livestock or even to farm a little.  

It, indeed, seems likely that Pate and Godfrey lived on the island since the conveyance record suggests that there were improvements on the island that were part of the conveyance.  Although care must be taken since such language might merely be the equivalent of "lawyer's language" simply to ensure that the conveyance included any improvements if any happened to exist, the language of the conveyance nevertheless contains mention of interesting specific improvements including "houses barnes orchards edifices buildings gardens and all other conveniencyes and appurtenances to the said Island belongeing or in any manner of wayes appertaineing." 




First Page of Registered Copy of John Pell's Land Conveyance of
City Island to John Smith of Brooklyn Dated December 11, 1685
(Old Style Julian Calendar).  Source: County of Westchester New
York Deedbook A 1681-1688, p. 65 (via FamilySearch, New York Land
Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free
account registration required to access via this link).  NOTE: Click on
Image to Enlarge.


Second Page of Registered Copy of John Pell's Land Conveyance of
City Island to John Smith of Brooklyn Dated December 11, 1685 (Old
Style Julian Calendar).  Source: County of Westchester New York
Deedbook A 1681-1688, p. 66 (via FamilySearch, New York Land
Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free
account registration required to access via this link).  NOTE:
Click on Image to Enlarge.


Third Page of Registered Copy of John Pell's Land Conveyance of
City Island to John Smith of Brooklyn Dated December 11, 1685
(Old Style Julian Calendar).  Source: County of Westchester New
York Deedbook A 1681-1688, p. 67 (via FamilySearch, New York Land
Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free
account registration required to access via this link).  NOTE:
Click on Image to Enlarge.



Map of Town of Pelham with Inset of City Island, 1868.
Source: Beers, F.W., Atlas of New York and Vicinity, p. 35
(NY, NY: Beers, Ellis & Soule, 1868).  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

Below is a transcript of the registered record of the December 11, 1685 land conveyance reflecting John Pell's sale of City Island to John Smith of Brooklyn.  It is followed by a citation and link to its source.  

"JOHN PELL, ESQE. his Conveyance of Minnefords Iseland to JOHN SMITH of Brukeland (viz) TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT WRITEING SHALL COME JOHN PELL of Annhookes Neck, in the County of Westchester in the Province of New Yorke, in America Gent. sends GREETING:

KNOW YEE that the said JOHN PELL for divers good causes and valuable considerations hereunto moveing moore especially for and in consideration of the full and just sume of ONE HUNDRED POUNDS currant monneys of New Yorke, to him in hand payd and secured to be payd by JOHN SMITH of the towne of Brookeland in Kings County on Longe Island within the Province aforesaid, Yeoman, the receipt whereof he the said John Pell dote hereby acknowlidg and theirof and every part and parcell thereof dote clearely aquitt and discharge the said John Smite his heires executors and administrators and every of them forever by these presents hath given granted bargained sould allienated enfeoffted and confirmed and by these pressents dote give graunt bargaine sell allien enfeoffe and confirm unto the said John Smite his heires and assignes, ALL that his Iseland or tract of land scituate lying and being witein the County of Westchester aforesaid before the Neck of land called Annhookes Neck, aforesaid coonly called or knowne by the name of Mullberry Island or Great Minneford Island lately in the possession or ocupation of William Pate and Robert Godfrey.  TOGAITHER wite all the houses barnes orchards edifices buildings gardens and all other conveniencyes and appurtenances to the said Island belongeing or in any manner of wayes appertaineing.  TO HAVE AND TO HOLD the said Island or tract of land togaither with all and singular the above mentioned premisses wite their and every of their appurtenances unto him the said John Smite his heires and assignes to the only proper use bennefitt and behoofe of him the said John Smite his heires and assignes forever.  AND the said John Pell for himselfe his heires, executors adminisstrators and assignes dote covenant promise and grant to & wite the said John Smite his heires and assignes that he the said John Smite his heires and assignes shall and may from time to time and at all times forever, hereafter have hold use ocupie possess and enjoy all and singular the aforesaid Island or tract of land togaither wite all and singular the afore demissed premisses and every part and parcell theirof without any the least lett hinderense trouble or mollesstation of him the said John Pell his heires or assignes.  AND the said John Pell for himselfe his heires, executors and adminisstrators dote farther covenant promisee and graunt to and with the said John Smite his heires and assignes for ever, that he the said John Pell at the time of the sealeing and delivery hereof, hate ffull power good right and lawfull authoritie to graunt bargaine sell and convey all and singular the above demissed preimisses and every part and parcell thereof, and that the same are leare and free from all and all manner of former and other gifts grantes, baganes sailes mortgages dowers titles of dowers judgments executions rents, arrearages of rents or any other manner of tyes or inccumbrances whatsoever and he the said John Pell his heires and assignes forever shall and will warrant and forever defend, the said John Smite his heires and assignes in the quiett and peaceable possession of the above demissed premisses and every part and parcell theirof against any persons that shall claime any right title or interest of in or to the same by from or under him the said John Pell his heires or assignes or by from or under any other pretence or procurement whatsoever.

PROVIDED ALWAYES, and it is the true intent and meaning hereof, that if the above named John Pell his heires, executors adminisstrators or assignes shall and soe well and truely pay or cause to be paid unto the above named John Smite his heires or assignes the full and just some of one hundred pounds in current Silver monney of the Province of New Yorke, at or before the thirtiete day of Aprill next ensueing the date of these presents that then the said John Smite his heires or assignes all and singular the above demised premisses and every part and parcell thereof, unto him the said John Pell his heires and assignes forever anything herein conteyned to the contrarie in any wise notwitestanding.  IN WITNESS WHEREOF the said John Pell hath hereunto sett his hand and seale the eleventh day of December in the first yeare of his Majtses. Raigne and in the yeare of our Lord God one thousand six hundred eighty and five.

JOHN PELL (L.S.)

Sealed and delivered in
presence of us -- 

Paul Richards.
John Tuder.

This instrument of writeing was acknowlidged by John Pell to be his acte & deed before me the 11te day of Decembe. 1685.

William Morris.

Compared the above said with the origionall this 22d day of March 1685/6 and it is a true coppy.  

Pr. Joseph Lee, Register."

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 65-67 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

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Wednesday, August 24, 2016

Washington Post Report of the Final Destruction of the Pell Treaty Oak in Pelham Bay Park in 1909


According to legend -- likely apocryphal -- Native Americans signed the "Indian Deed" granting to Thomas Pell the lands that became the Manor of Pelham under the branches of a massive oak tree that continued to stand on the grounds of today's Bartow-Pell Mansion Museum for nearly three hundred years thereafter until the dying tree was destroyed by fire in the early twentieth century.  I have written extensively about the legend of what came to be known as the "Pell Treaty Oak" including a book on the topic published in 2004 to commemorate the 350th anniversary of the Pell purchase.  For examples, see:

Bell, Blake A., Thomas Pell and the Legend of the Pell Treaty Oak (Lincoln, NE: iUniverse, Inc., 2004). 

Bell, Blake, Thomas Pell's Treaty Oak, The Westchester Historian, Vol. 28, Issue 3, pp. 73-81 (The Westchester County Historical Society, Summer 2002). 

Tue., Jan. 05, 2016:  Donation of a Piece of the "Pell Treaty Oak" to the Manor Club in 1940.

Tue., Oct. 16, 2007:  Information About Thomas Pell's Treaty Oak Published in 1912.

Tue., Jul. 24, 2007:  Article About the Pell Treaty Oak Published in 1909

Mon., Jul. 23, 2007:  1906 Article in The Sun Regarding Fire that Destroyed the Pell Treaty Oak

Wed., May 2, 2007:  Information About Thomas Pell's Treaty Oak Published in 1922.

Fri., Jul. 29, 2005:  Has Another Piece of the Treaty Oak Surfaced? 

Tue., Jun. 14, 2005:  Ceremony in 1915 to Open Bartow-Pell Mansion as Headquarters of International Garden Club Marred by Tragedy.

It is, of course, a misnomer to call the oak "The Pell Treaty Oak."  Even assuming there is some kernel of truth to the story, the document signed on June 27, 1654 was not an agreement between two nations but, rather, was a simple deed, often referenced in the literature as an "Indian Deed."

In any event, for much of the history of Pelham, the story has been told that the deed was signed beneath the spreading branches of the Pell Treaty Oak.  That mighty oak, however, was near the end of its life in the early twentieth century when a fire near its base roared into the hollow of the tree and killed it.  Not long thereafter, in 1909, a windstorm blew the remnants of the tree down.  Curiosity-seekers descended on the site, sawing off pieces of the oak, many of which made their way into local collections including those of the New-York Historical Society and the Manor Club in Pelham.

The final destruction of the Pell Treaty Oak captured national attention.  Articles with photographs of the tree appeared in newspapers throughout the United States.  Indeed, today's posting to the Historic Pelham Blog transcribes the text and provides an image from one such article that appeared in The Washington Post on April 25, 1909.  The text and the image are followed by a citation and link to the source.


"TREATY OAK AT BARTOW-PELL MANSION
Where Thomas Pell Met with the Indians
By John M. Shinn"


Fragment of the Pell Treaty Oak in the Collection of the
Manor Club.  Photograph by the Author
Taken on January 24, 2004.
NOTE:  Click on Image to Enlarge.



Detail from the Image Immediately Above Showing the
Silver Plaque Affixed to the Fragment of the Pell Treaty
Oak in the Collection of the Manor Club.  The Plaque Reads:
"A piece of the 'Treaty Oak' under which Thomas Pell made
a treaty with the Indian Sachems for the Manor of Pelham.
Nov. 14, 1654.  Wm. Cruger Pell from Howland Pell.  -- 1890 --"
Photograph by the Author Taken on January 24, 2004.
NOTE:  Click on Image to Enlarge.

*          *          *          *          *


"BRONX BOOM TREE BLOWN DOWN
-----

After taking the blows of the elements for several hundred years the old Pell treaty oak in Pelham Bay Park tumbled over a month ago, the victim of a gale, and there remains now nothing but an old stump to mark the spot where it is believed the first Westchester real estate deal was put through two and a half centuries ago.  

It was under the leafy shade of the old tree that Thomas Pell negotiated this little real estate deal, standing there with a few companions who had journeyed with him from Connecticut while the sachems inspected gravely his collection of beads, blankets, and 'gunnes,' and decided that they were worth a large part of what is now Westchester county.  The sachems took the blankets and the beads and Pell took the real estate.  He was thus apparently the first speculator in suburban real estate.  And a pretty successful one at that for those times.  

The old tree under which Pell is supposed to have driven his bargain with the Indians in 1654 made a valiant fight for life in the two centuries and a half that have since passed.  Decapitated and dismembered a good many generations ago, it defied the attempts of the elements to complete its destruction, and with its days seemingly done for, it surprised all those who watched it in recent years by putting out new branches to be covered with green leaves each spring like the youngsters around it.  It seemed to be making another attempt to grow and reassume the place it once had as one of the monarchs of the primeval wilderness.

Tried to Preserve Tree.

A few years ago some of the patriotic societies decided to do what they could to preserve it, and at their expense they erected an iron fence around it, but this did not suffice to keep off the vandals.  Last fall somebody built a fire near it and it roared up the hollow trunk.  That fire ended the old tree's fight.  There was no more life in it after that, and with its trunk scorched and its new branches withered it fell an easy victim to one of the last month's storms, taking part of the fence with it as it fell.

In recent years, with the iron fence marking its nobility, the old tree has been visited by many who have seen it in passing along the Eastern boulevard.  It stood only a short distance from the road on the grounds of the old Bartow place, now occupied as a hospital for crippled children.

That it was no common tree one could easily tell from its size.  Its diameter several feet above the ground was over 2 feet, and the stumps of some of its mighty branches 26 feet or more from the ground, were 2 feet through.

Too Old to Estimate.

Sawed off fresh, these stumps showed so many rings that it was hopeless to ascertain its age by any such method.  Once the park department tried it, but the man who essayed to count the rings, first trying to distinguish them, gave it up in despair.  They have part of this enormous branch preserved up in Commissioner Berry's office now, so that any one who wants to try it again can do so.

The tree experts of the park have guessed at its age at anywhere from 300 to 500 years.  How many years its trunk had been hollow nobody knows, for hollow it was, and one could climb up to the very top of the huge cylinder.

In the case of a good many trees supposed to mark historical spots, there have been some who have had doubts as to the authenticity of the old oak and its connection with the Pell treaty, but near it are some of the graves of Pell's descendants [sic], and if there is anything in the legends of that part of Westchester, the old tree saw the bargain driven.

A short distance to the southeast from where the tree stood is the old Bartow mansion, and behind this is the Pell graveyard, containing six moss-grown tombstones.  They are the graves of Pells born years after the man who decided to take a chance on Westchester real estate, descendants who no doubt came to respect their ancestor's judgment and were glad of his shrewdness.  The oldest tombstone bears the inscription:  'Here Lyes Isec Pell D. Dec. 24 No. 1748.'

Original Land Speculator.

At a time when most men were thinking of hewing their own homelands out of the wilderness old Thomas Pell apparently was animated by the same object which today leads many a man to invest in property above the Bronx.  He didn't want a home; he bought land to sell.

That Pell was the original speculator in Westchester real estate is borne out in history.  One of the histories of Westchester county says of him:

'Pell himself does not even appear to have become a resident of Westchester.  He evidently regarded his purchase as a real estate speculation, selling his lands in parcels, at first to small private individuals and later to aggregations of enterprising men.'

A good many similar deals have been made since with some of the land Pell bought, only you pay a little more for it now.

Pell had tried several other ventures in the way of land purchases before what is now West Chester caught his eye, and his home was really at Fairfield, Conn., according to the best accounts.  Like a lot of the Englishmen in those parts, he decided that New York and its vicinity were altogether too good for the Dutchmen.

Followed the Fishhawks.

Perhaps he saw with the eye of the shrewd real estate speculator what splendid villa sites lay along the sound.  At any rate he and a few companions in 1654 made their way through the wilderness, took a look at the country lying between Bronck's River, as it was then called, and the Sound, and told the sachems that they wanted to buy some of it.

According to one of the West Chester legends concerning the old treaty tree he and his friends saw a lot of fishawks making their nests in the trees there and made up their minds that the birds would bring them good luck.  That was why they got the sachems Ann-Hoock and Wampage to meet them there and talk business.

The treaty provided that Pell was to get 'all that tract of land called West Chester, which is bounded on the East by a brook called Cedar Tree Brook, or gravelly brook, thence northwest, as the said brook runs, into the woods 10 English miles, thence west to Bronck's River to a certain bend in said river, thence by marked trees until it reaches the Sound.'

This land extended from East Chester to New Rochelle, and Pelham, Pelham manor, and Pelham bridge have taken their names from the purchaser of it.  Pell was made a lord of the manor by royal grant in 1666, and before he died he had already unloaded several parcels, presumably at a handsome profit.  One of the first sales he made was that consisting of the old settlement of East Chester.

Although Lord Thomas Pell as he afterward became, didn't settle on this property himself, his nephew and heir, John Pell, did, and he carved up more of the property, selling New Rochelle to some of the Huguenots.

According to Randall Comfort, one of the local historians, the old Pell manor house stood near the old tree facing what is now a thoroughfare for automobiles, and for years was supposed to be full of ghosts, so that lonely travelers along the lane gave it a wide berth.

Mr. Comfort and others who have taken an interest in the old tree have asked the park department to mark the spot where it stood with a tablet, telling the story of the little real estate deal supposed to have taken place there."

Source:  BRONX BOOM TREE BLOWN DOWN, Washington Post, Apr. 25, 1909, p. 4, cols. 1-4.  


"The Pell treaty oak in Pelham Park before it was blown down."
Source:  BRONX BOOM TREE BLOWN DOWNWashington
Post, Apr. 25, 1909, p. 4, cols. 1-4.  NOTE:  Click on Image to Enlarge.

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Wednesday, August 12, 2015

Significant Research on the First "Indian Deed" Reflecting the Dutch Purchase of Lands that Included Today's Pelham


This is one of the most significant and, to me at least, exciting posts I have had the pleasure to publish to the Historic Pelham Blog in years.  

Nearly every Pelhamite with even a passing interest in the history of our Town is familiar with the so-called "Indian Deed" executed by Thomas Pell and local Native Americans on June 27, 1654.  Referred to variously as the "Pell Deed," the "Pell Treaty," the "Pell Indian Deed" and by other names, the deed reflects Thomas Pell's acquisition of the lands that include today's Town of Pelham.  Immediately below is an image of a seventeenth century copy of the original deed.  This copy is believed to be in Thomas Pell's handwriting and is on display at the Thompson-Pell Research Center in Ticonderoga, New York.



17th Century Copy of Pell Deed Signed by
Thomas Pell and Native Americans on June 27,
1654. Believed To Be in Thomas Pell's Handwriting.
NOTE:  Click on Image to Enlarge.

While most Pelhamites are familiar with the Pell Deed, fewer are aware that the Pell Deed likely was not the first "Indian Deed" conveying Native American lands that encompassed today's Town of Pelham to European settlers.  Officials of New Netherland claimed to have acquired the same lands from local Native Americans before Pell obtained his deed.    

For nearly sixteen years I have tried to locate an actual copy, or reliably-transcribed text, of the elusive first "Indian Deed" reflecting the sale by local Native Americans to the Dutch of the lands that included today's Pelham.  Dutch authorities reputedly instructed Cornelis Van Tienhoven to acquire lands that included today's Pelham in 1640.  Some authorities suggest that the acquisition occurred in 1640 and was reaffirmed by deed issued in 1649.  Other authorities suggest that no acquisition actually occurred until 1649.  

I am now able to confirm that my research has located a reliably-translated version of a 1649 "Indian Deed" published as part of the New Netherland Project work of Charles T. Gehring who has been engaged in nearly a fifty-year effort to translate extant New Netherland papers.  I have yet to locate any purported "Indian Deed" executed in 1640 covering the lands that form today's Town of Pelham.  Locating the 1649 deed, however, is a significant step in the right direction.

For those who might wish to learn more about my quest to locate copies, or reliable text, of the purported 1640 and 1649 "Indian Deeds" conveying land to the Dutch and to read more about the 1654 "Indian Deed" reflecting the sale of these lands to English settler Thomas Pell, see

Mon., Dec. 26, 2005:  The Dutch Acquired Lands Including Pelham From Local Native Americans in 1640

Tue., Dec. 5, 2006:  Where is Evidence of the 1640 Dutch Purchase from Native Americans of the Lands That Became Pelham? 

Tue., Nov. 06, 2007:  Is This Another Dead End in the Search for the Text of an Indian Deed to Lands That Included Today's Pelham Sold to the Dutch? 

Tue., Mar. 18, 2014:  The First "Indian Deed" Reflecting a Sale by Native Americans of Lands that Became Pelham.

Tue., Sep. 02, 2014:  More Research on the First "Indian Deed" Reflecting the Dutch Purchase of Lands that Included Today's Pelham.

Immediately below is the transcription of the "Indian Deed" by which local Native Americans reaffirmed their conveyance of lands that included much of Westchester County to the Directors of the West India Company on July 14, 1649 as translated from the original Dutch records that survived the great New York State Capitol Building and State Library Fire of 1911.  These portions of the records were published in 1980.  This Indian Deed covers all of today's Pelham, the northeast Bronx, and much of today's Westchester County.  It covers basically the eastern half of the mainland beyond the Harlem River and includes lands bounded by today's Byram River all the way to today's Harlem River.

The text of the deed demonstrates that on July 14, 1649 the Director-General and Council of New Netherland acquired a vast swath of land that included today's Pelham, Northeast Bronx and much of Westchester County -- six years before Thomas Pell acquired much of the same lands from different Native Americans.  The so-called "Indian Deed" shows that the Dutch traded the following for the land:  "6 fathoms of duffels [i.e., cloth for jackets], 6 fathoms of seawant [i.e., wampum, a form of shell currency]; 6 kettles, 6 axes; 6 adzes, 10 knives, 10 awls, 10 corals, 10 bells, 1 gun, 2 staves of lead, 2 lbs. of powder; 2 cloth coats."  

This Indian Deed also is significant because it makes clear that those who sold the land and, presumably, controlled it and, perhaps, resided on it lived in an area that they and the Dutch called "Wiequaes Keck" according to the deed.  The area extended throughout much of Westchester County (and all of today's Pelham).  There is no mention of Siwanoys.  This is further evidence that the Native Americans that once populated the area in and around Pelham were Wiechquaeskecks -- not "Siwanoys."  See Wed., Jan. 29, 2014:  There Were No Native Americans Known as Siwanoys.   

While some may scoff at what seems to be a meager offering of items in exchange for thousands and thousands of acres of land, it must not be forgotten that at the time two vastly different cultures were colliding.  The items traded by the Dutch for the land were technological marvels not otherwise available to the Native Americans.  The nature of the exchange was far more complex than over-simplified suggestions that the Native Americans did not understand that they were giving up their land.  

"GG 222 INDIAN DEED TO THE DIRECTORS OF THE WEST INDIA COMPANY FOR LAND IN WESTCHESTER COUNTY

On this day, the date underwritten, appeared before us, the Honorable Lords, the Director-General and Council, Megtegichkama, Oteyochque, and Wegtakochken, the rightful owners of the land located on the east bank of the North River of New Netherland called Wiequaes Keck; extending in breadth through the woods until a stream called Seweyruc [Byram River], with a boundary line running north and south from Greenwich on the East River to a stream called Kechkawes [Mianus River].  This same land is located between the two streams, dissecting the woods between the North and East River, so that the western half remains with the aforesaid owners; while the other eastern half, which is divided by a north-south line through the woods, the aforesaid owners acknowledge in the presence of the chief Seyseykimus and all the remaining friends and blood relatives to have sold the aforesaid parcel of land to the honorable Petrus Stuyvesant, Director-General of New Netherland, for a certain amount of merchandise, which they acknowledge to have received  and accepted before approval of this document, namely 6 fathoms of duffels, 6 fathoms of seawant; 6 kettles, 6 axes; 6 adzes, 10 knives, 10 awls, 10 corals, 10 bells, 1 gun, 2 staves of lead, 2 lbs. of powder; 2 cloth coats.  

Therefore, the aforesaid owners transfer, cede and convey the aforesaid land to the Lord-General or his successors in true and lawful ownership, renouncing for themselves and their descendants now and forever all claims thereon, and resigning herewith all rights and jurisdiction, transferring it to the aforesaid Lord-General and his successors, to do with as they please, without being molested by them, the conveyors, or anyone of them, whether it be person or property.  It is further agreed that the western most half may be purchased for the same amount as above whenever the Director-General desires to pay for it; and they, the grantors, promise to sell the part still in their possession on the North River for that price and not to sell it to anyone without informing the Director-General.  They further promise to maintain and uphold this conveyance firmly and inviolably under the penalty prescribed by law.  Thus was this signed in the presence of the witnesses below on 14 July 1649 at New Amsterdam in New Netherland.

This is the mark

[Signed]

of Pomipahan, made himself.

This is the mark

[Signed]

of Meytehickhama.
This is the mark

[Signed]

of Wegtakachkey.

This is the mark made by

[Signed]

the chief, Seyseychkimus, as witness."

Source:  Gehring, Charles T., ed. & trans., New York Historical Manuscripts:  Dutch Volumes GG, HH & II Land Papers, pp. 62-63 (Baltimore, MD:  Genealogical Publishing Co., Inc., 1980) (Published under the direction of The Holland Society of New York).
For another earlier translation of the same record, see:   

O'Callaghan, E. B., ed., History of New Netherland; Or, New York Under the Dutch, Vol. II, pp. 96-97, n. 1 (NY, NY:  D. Appleton and Company, 1848) (citing "Book of Patents, G. G. 507.").

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Wednesday, April 29, 2015

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


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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