Loyalists in Pelham Were Punished with Targeted Taxes in 1784 Following the Revolutionary War

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At the close of the Revolutionary War, Americans were justly angry toward their British oppressors and the so-called "Loyalists" who resided in America and supported Great Britain during the War.  Indeed, among the many manifestations of such anger were the extensive forfeitures of Loyalist lands forced by New York and other states including forfeitures of lands in the Manor of Pelham authorized immediately after the War.  See Thu., Jun. 23, 2016:  Original Record of Forfeiture Sale of Lands of British Loyalists in the Manor of Pelham; Fri., Aug. 03, 2007: Abstract of Sale of Lands of Joshua Pell of Pelham Manor by the Commissioners of Forfeiture in the Southern District of New York State in August, 1784; Wed., Aug. 30, 2006:  1786 Notice Requiring Filing of Creditors' Claims Against Forfeited Estates of Loyalists Including Joshua Pell of the Manor of Pelham.

Another effort to punish those who either supported the British during the War or remained behind British lines and refused to support the American cause was a New York statute enacted over the Governor's veto on May 6, 1784.  Entitled "An Act for raising £100,000, within the several Counties therein mentioned," the statute ostensibly imposed a large tax on southern New York including the Manor of Pelham to be used to reimburse the middle Western and Eastern sections of the State for the burdens and expenses those sections suffered during the War.  

In reality, the statute imposed a tax on residents of parts of southern New York including the Manor of Pelham that were controlled by the British during the War but exempted all residents who fled the region while it was in the control of the British (whether such refugees fled elsewhere in New York or to any other State).  In short, the statute was an effort to tax Loyalists who remained in the region controlled by the British during the War and stayed after the War.  According to a preamble to the statute, the tax purportedly was imposed by consent of those taxed, but as one author has noted "the detailed provisions for collection cast great doubt upon its voluntary character."  Reppy, Alison, The Spectre of Attainder in New York (Part 1), 23 St. John's Law Rev. pp. 1, 37 (Nov. 1948).

The statute provides a fascinating glimpse of the times.  It imposed a £100,000 tax apportioned among the following communities in southern New York:  (1) City and County of New-York (£56,000); (2) County of Suffolk (£10,000); (3) Kings County (£13,000); (4) Queens County (£14,000); (5) County of Richmond (£5,000); and (6) "that Part of the County of Westchester comprised in the Bounds of the Borough and Town of Westchester, the Township of East-Chester, the Yonkers, Manor of Pelham, New-Rochelle, Mamaroneck and Scarsedale [sic]" (£2,000).  The tax applied to the real property and personal property of "all the Freeholders, Residents and Inhabitants" therein.  

Significantly, the statute contained the following exemption:

"Inhabitants of the Southern District, not in the Power of the Enemy during the War, exempted from this Tax.

VII.  And be it further enacted by the Authority aforesaid, That every Person who being an Inhabitant in the Southern District of this State, at the Time of the Invasion thereof by the Troops of the king of Great-Britain, who removed from the said District into any Part of this, or any other of the United States of America, in Consequence of the said Invasion, and whose stated Residence has, from the Time aforesaid until the first Day of March, 1783, been in such Parts of this State, or any other of the United States, not in the Power or Possession of the said Troops, and every other Person whose stated Residence during the late War has been in such Parts of this or any other of the United States, not in the Power or Possession of the said Troops, shall be exempted from paying any Part of the Rate imposed in and by this Act.  That it shall and may be lawful to and for the Assessors, and they are hereby required to omit the Names of such Persons respectively, in forming the Assessment-Rolls directed in and by this Act, to be made by such Assessors."

Source:  Laws of the Legislature of the State of New York, &c. in Force Against the Loyalists, and Affecting the Trade of Great Britain, and British Merchants, and Others Having Property in that State, CHAP. LVIII:  An Act for raising £100,000, within the several Counties therein mentioned.  Passed May the 6th, 1784,  pp. 145-51 (London:  H. Reynell No. 21 Piccadilly, 1786).  

The statute further specified extensive procedures for having assessors determine the value of lands and personal property held by those subject to the tax.  It required the tax to be paid only in gold or silver coin and provided procedures for pursuing and even punishing those who refused, or failed, to pay the tax.  

The statute contains no indication as to why southern Westchester County including the Manor of Pelham (the Town of Pelham was not created by statute until four years later in 1788) was required to pay only two thousand of the one hundred thousand pounds required.  Most likely, however, the amount was comparatively low for southern Westchester including Pelham for at least two reasons.  First, the region was utterly devastated during the Revolutionary War.  It was part of the so-called Neutral Ground that was subject to marauding bands of irregulars known as "Cowboys" and "Skinners" that plundered the region and tormented, tortured, and even murdered its residents.  Little in the way of "wealth" remained.  Secondly, compared to the other more urban counties named by the statute, there were comparatively fewer residents in rural Westchester County to bear a share of the tax.

Nevertheless, the State of New York made its point.  It would continue to take its pound of flesh from Loyalists and others who failed to support the American cause during the War for Independence.

*          *          *         *          *

The text of the statute on which today's Historic Pelham article is based appears immediately below, followed by a citation and link to its source.

"CHAP. LVIII.

An Act for raising £100,000, within the several Counties therein mentioned.  Passed May the 6th, 1784.

Preamble.  Reciting that heavy Burthens have been sustained by Part of the State, in Support of the War.

WHEREAS the several Counties in the middle Western and Eastern Districts of this State, and a Part of the County of Westchester have sustained many and heavy Burthens and Expences, in prosecuting the late War between these States and the King of Great-Britain.

And who ought to bear Part of Expenses

And whereas it is just and equitable, that all who participate in the Blessings derived from the Freedom and Independence which this State now happily enjoys, should contribute in the Burthens and Expenses whereby the same was obtained.

£100,000, deemed a Compensation for the Southern District.

And whereas the Citizens of the Southern District of this State, impressed with a just Sense of the Exertions and Sufferings of their Brethren in the other Districts, have by their Representatives declared their Readiness to afford a Testimonial of the Sense they have of the Exertions and Sufferings aforesaid, and it being conceived by this Legislature, that, if the Sum of One Hundred Thousand Pounds should be raised in the said Southern District, it would be such a Compensation to the other Districts as would prove satisfactory to the Citizens thereof, and that no future Compensation would be required from the Southern District:  And it being the Intention of this Legislature, that on all future Occasions where Burthens are to be borne by the Citizens of this State, each County shall be charged with a Proportion according to the relative Value of such County to the Whole.

Quota of different Counties in said District.

I.  Be it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the Authority of the same, That there shall be raised within the City and County of New-York, the Counties of Suffolk, Kings, Queens, and Richmond, and that Part of Westchester County herein after described, the Sum of One Hundred Thousand Pounds; that the Quota of the City and County of New-York of the said Sum, shall be Fifty-six Thousand Pounds; the Quota of the County of Suffolk, Ten Thousand Pounds; the Quota of Kings County, Thirteen Thousand Pounds; the Quota of Queens County, Fourteen Thousand Pounds; the Quota of the County of Richmond, Five Thousand Pounds; and the Quota of that Part of the County of Westchester comprised in the Bounds of the Borough and Town of Westchester, the Township of East-Chester, the Yonkers, Manor of Pelham, New-Rochelle, Mamaroneck and Scarsedale, shall be Two Thousand Pounds.

How an Account of Inhabitants Estates to be taken.

II.  And be it further enacted by the Authority aforesaid, That the Mayor, Recorder and Aldermen, of the City and County of New-York, or the major Part of them for the Time being, shall meet and assemble at the City-Hall of the said City, within ten Days after the passing of this Act, and then and there issue their Warrants to the several Assessors of the said City and County, 

When and how to be assessed.

to take a true and exact Account of all the Estates real and personal of all the Freeholders, Residents and Inhabitants, within the several Wards of the said City and County (and liable to be assessed by this Act) for which they at the Time of issuing such Warrants shall be Assessor or Assessors, and true, equal, and impartial Assessments to make, and at such Day to be therein prefixed, no more than fifteen Days after the Time of issuing such Warrants, to the said Mayor, Recorder and Aldermen, or the major Part of them to exhibit:  

Assessments being made, how Warrants to be issued to Collectors, and Monies collected.

And when the said Assessments shall, by the said Assessors, be compleated, and a full Account of the same, made and cast up according to the pound Value of the Estates of Persons, by this Act liable to be assessed, then the said Mayor, Recorder, and Aldermen, or the major Part of them, shall issue their Warrants to the several and respective Collectors in the City and County (within fifteen Days after the Day on which such Assessments to be laid by the Assessors of the respective Wards as aforesaid shall have been exhibited) to collect the Monies so assessed, 

And paid to the Treasurer, by 1st of August next.

and pay the same from Time to Time to the Treasurer of this State never retaining in the Hands of any such Collector, more than the Sum of Five Hundred Pounds, and so that the Whole of the Monies to be raised in the said City and County, be paid to the said Treasurer of this State, on or before the first Day of August next.

Assessors to take an Oath before they proceed to assess.

III.  And be it further enacted by the Authority aforesaid, That each of the Assessors of the said City and County of New-York, shall, before he enters on the Performance of the Duties required of him by this Act, take an Oath before the said Mayor, Recorder, and Aldermen, or the major Part of them, in the Words following, viz.

Form of such Oath.

'I ________ do solemnly swear and declare, that I will well, truly, equally, and impartially, in due Proportion, according to the best of my Skill, Knowledge, and Understanding, assess and rate the Freeholders, Residents, and Inhabitants of the Ward for which I am Assessor, who are liable to be rated and assessed in Pursuance of the Law, entitled, "An Act for the raising the Sum of One Hundred Thousand Pounds within the several Counties therein mentioned, agreeable to the Directions of the said Law.'  

To be taken before Mayor, Recorder, &c.

Which Oath the said Mayor, Recorder, and Aldermen, or the major Part of them are hereby empowered, required, and directed to administer.

Gold and Silver only to be taken in Payment, and on Refusal to pay it, to levy by Distress, &c.

V.  And be it further enacted by the Authority aforesaid, That Gold and Silver Coins only shall be received in Payment for the said Rate.  --  That if any of the Persons so rated, shall neglect or refuse to pay the Rate imposed on them, the Collector shall levy the same by Distress and Sale of the Goods and Chattels of the Persons so refusing or neglecting; that where Distress and Sale shall be made in either of the Cafes above-mentioned, the Overplus, after deducting the Charges of such Distress and Sale, shall have been made -- 

For Want of Goods, to commence a Suit, before a Justice of Peace,

That for Want of Goods and Chattels whereon to levy the Rate, the Collector shall be, and is hereby authorised and required to commence a Suit in his own Name, before any Justice of the Peace of the County, and the Justice or Jury shall give a Verdict and Judgment for the Amount of the Sum at which the Defendant shall be so taxed, with Costs, upon the Rate Lists being duly proved to have been signed by the Supervisor or Supervisors or Justice; which is hereby declared to be conclusive Evidence to entitle the Plaintiff to recover;

Whole Authority is extended to all such Actions, &c.

and the Authority and Jurisdiction of such Justice is hereby extended to such Actions, notwithstanding the Sum to be sued for shall exceed the Sum of Ten Pounds:  And it shall an may be lawful to and for the Justice giving Judgment as aforesaid, and he is hereby strictly enjoined and required, to award Execution forthwith after such Judgment, and former Law to the Contrary in any Wise notwithstanding,

And direct a Return, &c.

therein directing the Officer to make Return of such Execution within ten Days from the Date of the said Execution, and to pay the Amount of the Rate to be paid by the Person against whom such Execution shall have been awarded, to the Collector who sued for the same, within fifteen Days from the Date of such Execution; or if the Person is committed to the Custody of the Sheriff, or cannot be found, to give such Collector a Certificate thereof, which Certificate shall be, by the said Collector, delivered to the Treasurer of the County, and who is hereby directed to credit the said Collector for the Amount of the Rate mentioned in such Certificate -- 

Collectors Allowance for collecting Rates.

That the Collectors shall be allowed, and are hereby authorised to retain in their Hands, out of the Rates by them collected, Four-pence in the Pound, for their Services in the Execution of this Act, except in the City and County of New-York, where the Collectors respectively shall only retain Two-pence in the Pound -- That the County Treasurer shall pay the Monies they shall respectively from Time to Time receive from the Collectors into the Treasury of this State, within fifteen Days next after the Days and Times in which the Collectors, by this Act, are directed and required to pay the same into the County Treasury -- 

And retain 8s. for every 100l.

That the several County Treasurers shall be allowed and are hereby authorised to retain in their Hands, out of the Monies they shall respectively receive from the Collectors, a Commission of Eight Shillings for every Hundred Pounds, for their Services in receiving the said Monies, and paying the same into the Treasury of this State.

Inhabitants of the Southern District, not in the Power of the Enemy during the War, exempted from this Tax.

VII.  And be it further enacted by the Authority aforesaid, That every Person who being an Inhabitant in the Southern District of this State, at the Time of the Invasion thereof by the Troops of the king of Great-Britain, who removed from the said District into any Part of this, or any other of the United States of America, in Consequence of the said Invasion, and whose stated Residence has, from the Time aforesaid until the first Day of March, 1783, been in such Parts of this State, or any other of the United States, not in the Power or Possession of the said Troops, and every other Person whose stated Residence during the late War has been in such Parts of this or any other of the United States, not in the Power or Possession of the said Troops, shall be exempted from paying any Part of the Rate imposed in and by this Act.  That it shall and may be lawful to and for the Assessors, and they are hereby required to omit the Names of such Persons respectively, in forming the Assessment-Rolls directed in and by this Act, to be made by such Assessors.

Assessors may summon any Persons before them, to examine them on Oath relative to Personal Property.

XXI.  And be it further enacted by the Authority aforesaid, That the Assessors or a Majority of them may, by Writing under their Hands, summon any Person actually resident within the City, Town, Manor, District, or Precinct, to appear before them at such Time and such Place within the City, Town, Manor, District, or Precinct, respectively, as they may think proper, to be examined on Oath (or if of the People called Quakers) on Affirmation, which Oath or Affirmation the Assessors, or a Majority of them, are hereby authorised to administer, touching the Value or Amount of any personal Estate; 

On Refusal to appear, such Persons to forfeit 5l. for each Offence.

and if the Person so to be Summoned, shall not, upon being served with such Summons, appear before the Assessors, or appearing, shall refuse to answer to Interrogatories upon Oath (or if of the people called Quakers) on Affirmation, touching the Value or Amount of the personal Estate or any person or Persons within such City, Town, Manor, District, or Precinct, the Person or Persons so offending, shall, for every such Offence, forfeit the Sum of Five Pounds, to be recovered with Costs in an Action of Debt, in the Name of the Treasurer of the County; and when recovered, paid in like Manner as last aforesaid, so as the person to be summoned, shall not be compelled to answer to any Interrogatories touching the Value or Amount of his or her Property.

Proviso.  By the 7th Section of an Act of the 26th November, 1784, all legal Remedy against any Collector barr'd.

Provided always, That no such Evidence shall be conclusive for forming any Assessment, but that the Assessors shall be at Liberty to determine the actual Value of such personal Property as aforesaid, by such Evidence as aforesaid, or any other Means, which in their Judgment, may be deemed most proper for estimating such actual Value.

Lands vested in the State, not to be taxed, i.e. the forfeited Lands

XXVI.  And be it further enacted by the Authority aforesaid, That any Lands vested in the People of this State, as Sovereign thereof, shall not be subject to be rated by Virtue of this Act."

Source:  Laws of the Legislature of the State of New York, &c. in Force Against the Loyalists, and Affecting the Trade of Great Britain, and British Merchants, and Others Having Property in that State, CHAP. LVIII:  An Act for raising £100,000, within the several Counties therein mentioned.  Passed May the 6th, 1784,  pp. 145-51 (London:  H. Reynell No. 21 Piccadilly, 1786).  

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17th Century Agreement to Settle Land Dispute Between John Pell of the Manor of Pelham and Frederick Philipse of the Manor of Philipsburg

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Recently I wrote about confusion over the extent of Thomas Pell's original land purchase from local Wiechquaeskeck Natives on June 27, 1654 (Old Style Julian Calendar).  See Thu., Aug. 30, 2018:  How Extensive Did Thomas Pell Believe His Land Acquisition from Local Wiechquaeskecks To Be?  Such confusion, which was common in the region due to imprecise descriptions in land sale agreements, land patents, deeds, and other related documents, did not end with the death of Thomas Pell in late September, 1669 or with the resolution of lawsuits with which he and, later, his nephew and legatee, John Pell, were involved.  

Indeed, Thomas Pell's original land purchase was affirmed by patent issued by colonial authorities on behalf of the English Crown twice:  once during his life on October 8, 1666 and, later, on October 20, 1687 (during the life of his nephew, John Pell).  See Mon., Jul. 24, 2006:  A Statute Enacted in 1666 Seems to Have Prompted Thomas Pell to Seek a Royal Grant Confirming His June 27, 1654 Land Acquisition; Fri., Mar. 03, 2006:  1666 Letter from Thomas Pell to John Winthrop, Jr. Regarding Pell's 1654 Purchase of the Lands That Became Pelham; Tue., Apr. 07, 2009:  1666 Record Containing "Observations" on the Patent Granted to Thomas Pell; Fri., Nov. 09, 2007:  Text of the 1687 Grant That Formed the Lordship and Manor of Pelham.

The original Pell Deed signed by local Wiechquaeskecks purported to grant Pell certain lands east of today's Bronx River to Long Island Sound including islands offshore in the Sound.  Specifically, the Pell Deed described the lands sold to Pell as:

"a piece of land Bounded by ye Sea to ye South  wth yt  Tract off land Called by ye English Longe Island; to ye west & west & by South wth ye bay & River & River Diawockinge Acqueonunge (Chemaqūanaock to ye East) wth all ye Islands yt are in ye salt water to ye South South East & South West Against yt Tract off Land wch is Beffore expresd".


Significantly, nowhere in the original Pell Deed was there any statement or indication that the lands Pell acquired extended eight English miles onto the mainland from Long Island Sound.   

In 1666, New York colonial authorities took note of the fact that many such land agreements, deeds, and patents for lands in the region were so imprecise that they risked endless disputes among landowners.  According to noted 19th century historian John Romeyn Broddhead:

"Several amendments of the code were made at this session of the Assizes. Public rates were required to be paid every year in wheat and other produce, at certain fixed prices, 'and no other payment shall be allowed of.' . . . Perhaps the most important decree related to land patents. 'The Court having taken notice of the defects and failings of both towns and persons in particular of not bringing in their grants or patents to receive a confirmation of them, or not coming to take out new grants where they are defective, or where there are none at all, according to former directions in the Law, As also taking it into their serious considerations that several towns and persons within this Government, as well English as Dutch, do hold their lands and houses upon the conditions of being subjects to the States of the United Belgic Provinces, which is contrary to the allegiance due to his Majesty, They do therefore Order that all grants or patents whatsoever formerly made, shall be brought in, to be confirmed or renewed by authority of his Royal Highness the Duke of York, and all such as have not patents shall likewise be supplied therewith by the first day of April next after the date hereof; after which time neither town nor private person, whether English or Dutch, shall have liberty to plead any such old grants, patents, or deeds of purchase in law, but they shall be looked upon as invalid to all intents and purposes.'* [Footnote cites the following: "*Court of Assizes II, 80, Col. MSS., xxii., 107; N.Y. Hist. Soc. Coll., i, 414-419; Hoffman's Treatise, 1, 97."] 

This stringent ordinance made great commotion. It was vigorously enforced, because the quit-rents and fees on renewals were necessary for the support of the government. In the course of the next few months, Neperhaem, Pelham, Westchester, Eastchester, Huntington, Flushing, Brookhaven, Easthampton, New Utrecht, Gravesend, Jamaica, Hempstead, Newtown, Flatlands, Bushwick, Flatbush, and Brooklyn, paid new fees and obtained new charters which generally confirmed to each of them their old boundaries, and 'all the rights and privileges belonging to a town within this government.'" 

Source:  Brodhead, John Romeyn, History of the State of New York, Vol. II, pp. 109-10 (NY, NY: Harper & Brothers, Publishers 1871).

On October 8, 1666, the first English Governor of colonial New York, Richard Nicolls (often spelled "Nicholls"), confirmed Thomas Pell's 1654 acquisition of lands from local Natives by issuing a patent for the lands on behalf of the King.  Pell clearly applied for that patent as a result amendments to the Code enacted during the above-referenced session of the Assizes held between September 27, 1666 and October 2, 1666.  The time between the session and the issuance of the patent to Pell was so short as to suggest that Pell was aware in advance that the amendments would be considered during that session of the Assizes. Indeed, the record suggests that in the weeks leading up to that session of the Assizes, Pell already was scrambling to gain some form of authoritative recognition from colonial authorities of his June 27, 1654 (Old Style) land acquisition from local Wiechquaeskeck Natives.  

Pell was a resident of "Fayrefield" (Fairfield) in the colony of Connecticut.  Thus, among the actions Pell took in support of his request to the Governor of the colony of New York where his lands were located was to issue a letter to the Governor of his own colony, John Winthrop Jr., seeking Winthrop's support for the issuance of a patent and pleading the legal basis for his claim. Pell's efforts succeeded. Governor Nicholls issued the royal patent confirming Pell's purchase on October 8, 1666. 

The contents of Pell's fascinating letter to John Winthrop Jr. have survived.  The Massachusetts Historical Society published the text of the letter in Vol. I - Fifth Series of the "Collections of the Massachusetts Historical Society."  The text of the letter appears immediately below: 

"To ye Honored John Winthrip Esquire, Governour off his Maiestys Colony in Connecticut att his house in Hartfford these psent. 

FAYRFFEILD 2 : 5 : 66 : 

HONOURED SR, - Once more I doo humbly present my request to you yt you would be pleased to visit Generall Niccols in my behalfe wth a few lines. Ye coppy off ye purchase I sent to your worship when you liued in New London in 1655 p my sonne Scott, wch you judged to be good : since it is conffirmed p oath beffore Captayne Talcot. Wt ever ye Dutch Gouernour Stevensons [Peter Stuyvesant's] pretence was, the kings majesty in his letters 1664 chalengeth all these parts of America to be his dominions; & wt ye Dutch possesed claymed to be his teritoryes, therffore will not suffer any neighbour nation how allied so euer to sitt downe in his terittoryes wth out his leaue. No dominion his majesty allowes to forreigne power, therffore calleth them intruders : no dominion, no jurisdiction, no purchase, no pattent legally. Sr, you well know no alien, except he be naturalized, can inherit in any off ye kings dominion, nor purchase. The Dutch not naturalized because his majesty in ye fore sayed letter 1664 calleth them intruders : therefore will haue them sujected p power (no right off dominion, no right of jurisdiction, no right to purchase), when as a naturall English man hath power to purchase in any off his majestys dominions ; all his majestys dominions being an English mans house & home, beinge vnder ye protection off his Soueraigne Lord. I judge it impossible it can legally fall to ye Duke off Yorke p conquest : when ye inhabitants off West Chester were called vnder one of his majestys colonyes p pattent power, ye inhabitants in parson endeavoringe p force off armes to subdue ye intruders accordinge to ye kings command, & their superiors, vnder whom they were subjected, maniffesting it p their parsonall apperence beffor General Niccols. Neither is it possible yt ye articels off aggreement made wth ye Dutch had any refference to ye English vnder made wth ye Dutch had any refference to ye English vnder his majestyes suiection : articeles off aggreement weare made wth enemies (as enemies) not wth freinds. Ye articells off aggreement could not comprehend ye Dutch breiffs yt they should be ratiffied, wch were no vnder ye Dutch power & weare his jaiestys subjects, as will appeare p ye Court off Records in Hartfford. So it makes ye kings subjects in a worse case then intruders & oppen enemyes : loyal subjects to loose all & oppen enemyes to injoy their clames p articells off aggreement. Sr, you being one of ye 4 New Englands Commissioners know yt ye articels off aggreement did not reach his majestys subjects, but those yt opposed his majestys interest that were made wth those parsons yt weare in enmyty wth his majesty to mantayne their owne interest : his majestyes subjects weare not in a cappasity to be capitulatinge, standing vppon articels off agreement whear was no disagreement, but wear willinge to attend his majestys service. Shall enemys power be established, & his majestyes made null & voyed? Sr, you know in his majestys letter to ye Gouernour & Councell to Connectic[ot] Colony it was his pleasure to exprese himself yt their priveledges & libertys, neither Civill or Eccesiasticall, should be in ffringed not in the least degree. 

I shall desire to present these queres ; whither so doinge doth not charge his majesty off iniustice (establishinge Dutch breeffs), 2ly whither it doth no justly lay a stumbling block to his majestys most loyall subjects. Sr, it was your Worpps pleasure to say you gaue ye Generall ye gouern[ment] off ye bounds belonginge to West Chester, not ye propriety. Sr, I hope you will seriously consider ye premises & appear to be helpffull at this time to your humble servant to command. 

THOS PELL. 

Indorsed, 'Mr Pell. Rec : July 4, 1666.'" 

Source:  The Massachusetts Historical Society, Collections of the Massachusetts Historical Society, Vol. I - Fifth Series, pp. 410-12 (Boston, MA:  The Massachusetts Historical Society, 1871).


It is clear from Pell's letter that chief among his concerns was the fear that others who claimed lands through grants from Dutch authorities might prevail in land disputes against him and thereby reduce the size of his land holdings.  This should come as no surprise since Pell was embroiled in precisely such a lawsuit at the time.   

Pell claimed ownership of the region including Cornell's Neck and argued, essentially, that the claims of Charles Bridges and Sarah Cornell Bridges to the land derived from a chain of title that began with an award of the land by Dutch Colonial authorities which, according to Pell, had no ownership of, or right and title to, the land. Eventually the court rejected the positions taken by Pell and he lost all claim to Cornell's Neck. See Thu., Aug. 30, 2018:  How Extensive Did Thomas Pell Believe His Land Acquisition from Local Wiechquaeskecks To Be?  

As a possible result of Pell's fears in this regard, Pell seems to have engaged in a little chicanery in connection with obtaining the October 8, 1666 confirmation of his acquisition of lands from local Natives.  Thus, the patent -- for the first time -- indicates that Pell's lands extend eight miles into the interior of the mainland from Long Island Sound.  

More specifically, the patent issued by New York Governor Nicolls described the lands for which the patent was issued as follows:

"a certain tract of land within this government upon the main, situate, lying and being to the Eastward of Westchester bounds, bounded to the Westward with the river called by the Indians, Aqueouncke, commonly known by the English, by the name of Hutchinson's river, which runneth into the Bay lying between Throckmorton‘s neck and Ann Hooks neck, commonly called Hutchinson's Bay, bounded on the East, by a brook called Cedar Tree Brook or Gravelly brook, on the South by the sound which lyeth between Long Island and the main land, with all the islands in the Sound, not already granted or otherwise disposed of, lying before that tract of land so bounded as is before expressed, and northwards, to run into the woods about eight English miles in breadth as the bounds to the Sound, which said tract of land hath heretofore been purchased of the Indian proprietors, and due satisfaction given for the same."  [Emphasis added.]

Of course, the addition in the 1666 patent to a reference that Pell's lands extended "about eight English miles into the woods" from Long Island Sound without regard to the lack of any such reference in the original Pell Deed was bound to create issues.  

It did.

Frederick Philipse owned nearby lands.  Born in 1626 in Bolsward, Netherlands as Frederick Flypsen (with variant spellings of both names), he became the owner of the Manor of Philipseborough (Philipsburg).  Philipse arrived in New Netherland as a merchant in about 1653.  When England first ousted the Dutch from New Netherland, Frederick Philipse swore an oath to England and was rewarded with a massive patent covering lands from Spuyten Duvil to the Croton River.  

Philipse apparently feared that the reference in patent issued by Governor Nicolls might be read to encompass portions of the lands he owned.  Though it is not yet known when he first raised the issue, it is clear that the matter was of sufficient significance that well after Thomas Pell's death in late September, 1669 (Old Style), Philipse thought it important enough to address the matter with John Pell, the man who inherited the lands from his uncle, Thomas Pell, upon his uncle's death.  

Thus, the 17th century registered deed records of Westchester County reflect the recording of a settlement between Frederick Philipse and John Pell dated December 30, 1685 (Old Style Julian Calendar).  That settlement clarified that although the Nicolls patent of 1666 contained the reference of "into the woods about Eight English miles" might suggest that Pell's patent extended westward beyond the Bronx River to encompass some of Frederick Philipse's lands, Pell and Philipse agreed that the Bronx River was the boundary between their lands.  Interestingly, the settlement also provided that should either of the men ever decide to construct a mill and, thus, build a mill dam across the Bronx River, both had the right under the settlement agreement to affix the mill dam to the shore opposite their land on the Bronx River.  

Less than two years later, on October 20, 1687, John Pell arranged for New York Governor Thomas Dongan to confirm the patent to his lands again.  It was this patent that, for the first time, referred to the lands that became today's Pelham as the Manor of Pelham -- actually, as the "lordshipp and manner of Pelham."


Interestingly, the October 20, 1687 patent made no effort to reflect the agreement between Frederick Philipse and John Pell.  Instead, it simply reaffirmed the language, in this regard, of the 1666 Nicolls patent.  Thus, it again described the lands held by Pell as extending "into the woods about eight English miles in breadth as the bounds to the Sound." More specifically, the 1687 patent described the lands of the Manor of Pelham as follows:

"a certain tract of land within this government upon the main, situate, lying and being to the Eastward of Westchester bounds, bounded to the Westward with the river called by the Indians, Aqueouncke, commonly known by the English, by the name of Hutchinson's river, which runneth into the Bay lying between Throckmorton‘s neck and Ann Hooks neck, commonly called Hutchinson's Bay, bounded on the East, by a brook called Cedar Tree Brook or Gravelly brook, on the South by the sound which lyeth between Long Island and the main land, with all the islands in the Sound, not already granted or otherwise disposed of, lying before that tract of land so bounded as is before expressed, and northwards, to run into the woods about eight English miles in breadth as the bounds to the Sound, which said tract of land hath heretofore been purchased of the Indian proprietors, and due satisfaction given for the same."

Regardless of the language of the 1687 patent, however, there are no indications that there ever arose any dispute between Frederick Philipse or John Pell after the registration of their December 30, 1685 settlement agreement.  Images of the copy of that registered settlement in the records of the Westchester County Deed Books appear below as does a transcription of their text, among other things. 

First Page of Registered Copy of Agreement Between John Pell of the

Manor of Pelham and Frederick Phillips of the Manor of Phillipsburg Dated

on December 30, 1685 (Old Style Julian Calendar).  Source:  County of

Westchester New York Deedbook A 1681-1688, p. 62 (via FamilySearch,

New York Land Records, 1630-1975, Westchester, Deeds 1681-1698,

Vol. A-B; free account registration required to access via this link).

Transcribed Below.  NOTE: Click on Image to Enlarge. 

First Page of Registered Copy of Agreement Between John Pell of the

Manor of Pelham and Frederick Phillips of the Manor of Phillipsburg Dated

on December 30, 1685 (Old Style Julian Calendar).  Source:  County of

Westchester New York Deedbook A 1681-1688, p. 63 (via FamilySearch,

New York Land Records, 1630-1975, Westchester, Deeds 1681-1698,

Vol. A-B; free account registration required to access via this link).

Transcribed Below.  NOTE: Click on Image to Enlarge.

 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.

Frederick Philipse (Variant Spellings), Referenced Often

as "First Lord of the Manor of Philipsburg".  NOTE:  Click

on Image to Enlarge.

*          *          *          *          *

"AN AGREEMENT BETWEEN  FFREDERICK FFLIPSEN, Merchant, of New Yorke, and JOHN PELL, ESQUIRE, of Annhookes Neck, in the County of Westchester.

THIS SEVENTEENTH day of Aprill 1685 it was MUTUALL AGREED and CONCENTED unto by us under written FREDERICK PHILLIPS Merchants of the Citty of NewYorke, and JOHN PELL of Anhookes Neck, in the County of Westchester in the province of New York, THAT WHEREAS the said Frederick Phillips hath severall lands lieing on the west side of Bronxes River and the said John Pell hath severall lands which according to his Pattent are to runn from the Sound eight miles in the woods, which line is soe run might crosse and runn over the said Bronxes River and soe cuase dufferences and disspute betweene the said Ffredrick Fflipsen and the said John Pell for prevention of the same the same John Pell doth hereby consent and agree with the said Ffrederick Phillips that the said Bronxes River shall be the devision betweene boate their lands and that if either the said Ffredrick Phillips or the said John Pell shall at any time see cause to make any mill dam cross the said River it shall be lawfull for either partie to fix the end of their dam of each other side without lett or mollestation either by the said Ffrederick Phillips or the said John Pell and that this shall obleidge us the said Ffredrick Phillipps and John Pell and the heires, executors administrators or assignes of us or either of us wee have hereunto sett our hands and seales the date above written.

JOHN PELL

FREDRYCH FLYPSEN (L. S.)

Signed, sealed and delivered in presence of us -- 

Caster Lierse.

J. V. Cortlandt.

DECEMBER YE 30TH 1685.

THEN appeared before me CASTER LEVERSEN AND J. V. COURTLANDT and declaires upon oath that they saw John Pell and Fredrick Phillips signe"

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 62-63 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

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"THE ROYAL PATENT OF PELHAM MANOR. 

Richard Nicholls, Esq., governor under his royal highness, the Duke of York, of all his territories in America.  To all whom these presents shall come, sendeth greeting.  Whereas:  there is a certain tract of land within this government upon the main, situate, lying and being to the Eastward of Westchester bounds, bounded to the Westward with the river called by the Indians, Aqueouncke, commonly known by the English, by the name of Hutchinson's river, which runneth into the Bay lying between Throckmorton‘s neck and Ann Hooks neck, commonly called Hutchinson's Bay, bounded on the East, by a brook called Cedar Tree Brook or Gravelly brook, on the South by the sound which lyeth between Long Island and the main land, with all the islands in the Sound, not already granted or otherwise disposed of, lying before that tract of land so bounded as is before expressed, and northwards, to run into the woods about eight English miles in breadth as the bounds to the Sound, which said tract of land hath heretofore been purchased of the Indian proprietors, and due satisfaction given for the same.  Now know ye, that by virtue of the commission and authority unto me given, by his Royal Highness, James Duke of York &c., upon whom by lawful grant and pattent from his majesty, the proprietory and government of that part of the main land as well as of Long Island, as all the Islands adjacent, among other things is settled, I have thought proper to give, grant, confirm and ratify unto Thomas Pell of Onckway, alias Fairfield, his majesty’s colony of Connecticut, gentleman, his heirs and assigns, all the said tract of land bounded as aforesaid, together with all the lands, islands, sea-bays, woods, meadows, pastures, marshes. lakes. waters, creeks, fishing, hawking, hunting and fowling, and all other profits, commodities, emoluments and hereditaments, to the said tract of land and islands belonging, with their appurtenances, and of every part and parcel thereof; and that the said tract of land and premises, shall be forever hereafter held, deemed, reputed, taken and be an enfranchised township, manor and place itself, and shall always from time to time, and all times hereafter, have, hold and enjoy, like and equal privileges and immunities, with any town, enfranchised place or manor, within this government; and shall in no manner of way, be subordinate or belonging unto, have any dependency upon, or in any wise be under the rules, orders or directions of any riding, township or townships, place or jurisdiction, either upon the main or upon Long Island, but shall in all cases, things and matters, be deemed, reputed, taken and held, as an absolute entire, enfranchised township, manor and place of itself in this government, and shall be ruled ordered and directed, in all matters as to government accordingly, by the governor and his council, and the general court of assizes only, always provided that the inhabitants on the said tract of land granted as aforesaid, shall be obliged to send forwards to the next towns, all public packets and letters, or Hue and Cries, coming to this place or going from it, to any other of his majesties colonies, to have and to hold the said tract of land and grant, with all and singular the appurtenances, premises, together with the privileges, immunities, franchises, and advantages herein given and granted, unto the said Thomas Pell, his heirs and assigns to the proper use and behoof of the said Thomas Pell, forever, firmly, freely and clearly, in so large and ample manner and form and with such full and absolute immunities and privileges as before is expressed, as if he had held the same immediately from his majesty the King of England, &c., &c., &c., &c., &c., his successors, as of the manor of East Greenwich, in the county of Kent, in free and common socage and by fealty only, yielding rendering and paying, yearly and every year, unto his royal highness, the duty forever, and his heirs, or to such governor as shall from time to time, be by him constituted and appointed, as an acknowledgment, one lamb upon the first day of May, if the same shall be demanded. Given under my hand and seal at Fort James, in New York, on the island of Manhattan, the sixth day of October, in the 18th year of the reign of our sovereign, Lord Charles the second, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the faith, &c., &c., &c., and in the year of our Lord God, 1666. 

RICHARD NICHOLLS. 

Entered and recorded in the Office of New York, }
the 8th day of October, 1666.                               }

MATHIAS NICOLLS, Sec'y."   

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, pp. 38-39 (NY, NY:  Chas. F. Roper, 1881) (edited by Cornelius Winter Bolton). 

https://books.google.com/books?id=WdYpAQAAMAAJ&vq=Pelham&dq=Nicolls%201666%20%22Thomas%20Pell%22%20Pelham&pg=PA38#v=onepage&q&f=false

*          *          *          *          *

Below is the text of the 1687 grant by the Governor of the Province of New York, Thomas Dongan, to John Pell by which Pell's land holdings were elevated to the status of a "Manor" to be known as the "Manor of Pelham".

"MANOR GRANT OF PELHAM.

THOMAS DONGAN, Captain General and Governor-in-chief in and over the province of New Yorke, and the territories depending thereon in America, under his most sacred Majesty, James the Second, by the grace of God Kinge of England, Scotland, France and Ireland, defender of the faith, &c., -- to all to whom these presents shall come, sendeth greeting : Whereas, Richard Nicolls, Esq., late governor of this province, by his certaine deed in writing, under his hand and seale, bearing date the sixth day of October, in the eighteenth year of the reigne of our late sovereigne lord, Charles the Second, by the grace of God, of England, Scotland, France and Ireland, Kinge, defender of the faith, &c., and in the year of our Lord God one thousand six hundred sixty and six -- did give, grant, confirme and rattefye, by virtue of the commission and authoritye unto him given by his (then) royal highness, James, Duke of Yorke, &c., (his now Majesty,) upon whome, by lawful grant and pattent from his (then) Majesty, the propriety and government of that part of the maine land, as well of Long Island and all the islands adjacent. Amongst other things was settled unto Thomas Pell, of Onkway, alias Fairfield, in his Majesty's colony of Connecticut -- gentleman -- all that certaine tract of land upon the maine lying and being to the eastward of Westchester bounds, bounded to the Westward with a river called by the Indians Aquaconounck, commonly known to the English by the name of Hutchinson's River, which runneth into the bay lyeing betweene Throgmorton's Neck and Anne Hooke's Neck, commonly caled Hutchinson's Bay, bounded on the east by a brooke called Cedar Tree Brooke, or Gravelly Brooke; on the south by the Sound, which lyeth betweene Longe Island and the maine land, with all the islands in the Sound not before that time granted or disspossed of, lyeing before that tract of land so bounded as is before expresst; and northward to runne into the woods about eight English miles, the breadth to be the same as it is along by the Sound, together with all the lands, islands, soyles, woods, meadows, pastures, marshes, lakes, waters, creeks, fishing, hawking, hunting and fowling, and all other proffitts, commodityes and heridetaments to the said tract of land and islands belonging, with their and every of their appurtenances, and every part and parcel thereof; and that the said tract of land and premises should be forever thereafter held, deemed, reputed, taken and be an intire infranchised towneshipp, manner and place of itself, and should always, from time to time, and at all times thereafter, have, hold and enjoy like and equall priviledges and immunities with any towne infranchised, place or manner within this government, &c., shall in no manner of way be subordinate or belonging unto, have any dependance upon or in any wise, bounds or the rules under the direction of any riding, or towne or towneshipps, place or jurisdiction either upon the maine or upon Longe Island -- but should in all cases, things and matters be deemed, reputed, taken and held as an absolute, intire, infranchised towneshipp, manner and place of itselfe in this government, and should be ruled, ordered and directed in all matters as to government, accordingly, by the governour and Councell, and that General Court of Assizes -- only provided, always, that the inhabbitants in the said tract of land granted as aforesaid, should be oblidged to send fforwards to the next townes all publick pachquetts and letters, or hew and cryes coming to New Yorke or goeing from thence to any other of his Majestie's colonys; to have and to hold the said tract of land and islands, with all and singular the appurtenances and premises, togaither with the privilidges, imuneties, franchises, and advantages therein given and granted unto the said Thomas Pell, to the proper use and behoofe of the said Thomas Pell, his heirs and assigns for ever, ffully, ffreely and clearely, in as large and ample manner and forme, and with such full and absolute imunityes and priveledges as bfore is expresst, as if he had held the same immediately from his Majesty the Kinge of England, &c., and his suckcessors, as of the manner of East Greenwich, in the county of Kent, in free and common sockage and by fealtey, only yealdeing, rendering and payeing yearely and every yeare unto his then royall highness, the Duke of Yorke and his heires, or to such governour or governours as from time to time should be him be constituted and appoynted as an acknowledgement, one lambe on the [Page 156 / Page 157] first day of May, if the same shall be demanded as by the said deede in writeing, and the entrey thereof in the bookes of records in the secretarie's office for the province aforesaid, may more fully and at large appeare. And whereas, John Pell, gentleman, nephew of the said Thomas Pell, to whom the lands, islands and premises, with appurtenances, now by the last will and testament of him, the said Thomas Pell, given and bequeathed, now is in the actual, peaceable and quiett seazeing and possession of all and singular the premises, and hath made his humble request to mee, the said Thomas Dongan, that I would, in the behalf of his sacred Majesty, his heirs and suckcessors, given and grant unto him, the said John Pell, a more full and firme grant and confirmation of the above lands and premises, with the appurtenances, under the seale of this his Majestie's province: Now Know Ye, that I, the said Thomas Dongan, by virtue of the commission and authority unto me given by his said Majesty and power in me being and residing, in consideration of the quitt rent hereinafter reserved, and for divers other good and lawfull considerations me thereunto mouving, I have given, rattefied and confirme and by these presents do hereby grant, rattefie and confirme unto the said John Pell, his heirs and assigns for ever, all the before mentioned and rented lands, islands and premises, with the heridatements and appurtenances, priveledges, imuneties, ffranchises and advantages to the same belonging and appertaining, or in the said before mentioned deede in writing expresst, implyed or intended to be given and granted, and every part and parcell thereof, together with all that singular messuages, tenements, barnes, stables, orchards, gardens, lands, islands, meadows, inclosures, arable lands, pastures, feedeings, commons, woods, underwoods, soyles, quarreys, mines, minnerally, (royall mines only excepted,) waters, rivers, ponds, lakes, hunteing, haucking, ffishing, ffowleing, as alsoe all rents, services, wasts, strayes, royaltyes, liberties, priviledges, jurisdictions, rights, members and appurtenances, and all other imunityes, royaltyes, power of franchises, profitts, commodeties and heredatements whatsoever to the premises, or any part or parcell thereof belonging or appertaining: and further, by vertue of the power and authority in mee being and residing, I doe hereby grant, rattefie and confirme, and the tract of land, island and premises aforesaid are, by these presents, erected and constituted to be one lordship and manner -- and the same shall henceforth be called the lordshipp and manner of Pelham; and I doe hereby give and grant unto the said 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 time so often yearly as he and they shall see meete, and all sines, issues and amerciaments 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 herein before 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 costomary writts 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; and I doe further hereby give and grant unto the said John Pel, his heirs and assignes, full power to distraine for all rents and other sums of money payable by reason of the premises, and all other lawful remedys and meanes for the haveing, receiving, levying and enjoying the said premises and every part thereof, and all waifts, strayes, wrecks of the sease, deodands and goods of ffellons, happening and being within the said manner of Pelham, with the advowson and right of patronage of all and every of the church and churches in the said manner, erected and to be erected -- to have and to hold all and singular the said tract of land, islands and manner of Pelham, and all and singular the above granted or mentioned to be granted premises, with their rights, members, jurisdictions, privileidges, heredaments and appurtenances, to the said John Pell, his heirs and assignes, to the only proper use, benefitt and behoofe of the said John Pell, his heirs and assignes forever; to be holden of his most sacred Majestye, his heirs and successors, in free and common soccage, according to the tenure of East Greenwich, in the county of Kent, in his Majestye's kingdom of England, yielding, rendering and praying therefore yearly and every year forever, unto his said Majestye, his heirs and successors, or to such officer or officers as shall from time to time be appointed to receive the same -- twenty shillings, good and lawful money of this province at the citty of New Yorke, on the five and twentyth day of the month of March, in lieu and stead of all rents, services and demands whatsoever.

In testimony whereof, I have signed these presents with my handwriting, caused the seale of the province to be thereunto affixed, and have ordained that the same be entered upon record in the Secretary's office, the five and twentyeth day of October, in the third yeare of the King Majestye's reigne, and in the year of our Lord one thousand six hundred eighty and seven.

THOMAS DONGAN."

Source: De Lancey, Edward Floyd, Origin and History of Manors in the Province of New York and in the County of Westchester, pp. 156-57 (NY, NY: Privately Printed, 1886).

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What Was Pelham Like in the 1660s?

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What was Pelham like during the 1660s, barely a decade after Thomas Pell acquired the land from local Native Americans on June 27, 1654?  It is possible to tease a little from 17th century records to help piece together an answer to this question.

It seems that today's Pelham Neck on the mainland and City Island in Long Island Sound were the centerpieces of the Manor of Pelham during the 1660s.  We know from an inventory of Thomas Pell's estate at the time of his death in late September, 1669 that Pell had a working farm on today's Pelham Neck, known then as Ann Hook's Neck (various spellings).  See:

Fri., Jun. 24, 2016:  Archival Record of the Last Will and Testament and Estate Inventory of Pelham Founder Thomas Pell.

Wed., Dec. 10, 2014:  Did Pelham Founder Thomas Pell Have a Residence in Pelham?

Mon., Mar. 31, 2014:  Inventory of the Estate of Pelham Founder Thomas Pell Taken Shortly After He Died in Late September, 1669.

Wed., Mar. 07, 2007:  Published Abstract of 1669 Will of Thomas Pell, Followed by Entire Text of Will of Thomas Pell.

Though Thomas Pell never lived in Pelham, he clearly seems to have maintained a farmhouse on Ann Hook's Neck in the Manor of Pelham presumably as a base for when he visited his Pelham property and, perhaps, as a caretaker residence (although records have not yet revealed whether he actually employed a caretaker).

Apart from the fact that the Neck of land at issue (Ann Hook's Neck) has long been known as "Pell's Point," as early as the 18th century, tradition in Pelham also held that Thomas Pell had a farmhouse that stood near the end of Ann Hook's Neck on the site of the old Bowne homestead.  Although the references to such effect are numerous, one example comes from Bolton's 1881 edition of The History of Westchester County. It states: 

"Pelham Neck is terminated by the property of the late Gilbert 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, Robert, The History of The Several Towns, Manors, and Patents of the County of Westchester, From Its First Settlement to the Present Time, Vol. II, p. 71 (NY, NY: Chas. F. Roper, 1881). 

Thus, it appears that during the 1660s near the tip of Pelham Neck (today's Rodman's Neck) there stood the Pell farmhouse looking out over City Island and the Long Island Sound.  There likely was at least one residence on City Island after about 1668 -- that of Ralph and Mary Hall who had fled from Setauket, Long Island (today's Town of Brookhaven) after being tried for witchcraft and sorcery.  See Drake, Samuel G., Annals of Witchcraft in New England and Elsewhere in the United States from their First Settlement Drawn Up from Unpublished and Other Well Authenticated Records of the Alleged Operations of Witches and Their Instigator, the Devil, pp. 125-27 (NY, NY: Burt Franklin 1869) ("Under these Bonds they continued until the 21st of August, 1668, at which Time 'they were living upon the Great Miniford's Island.'").  See also Tue., Jun. 12, 2018:  Original Records of Witchcraft Trial of Ralph and Mary Hall Who Afterward Fled to the Manor of Pelham (and materials cited therein).

Pelham Neck may well have been used to graze cattle during the 1660s.  Indeed, records of the Court of Assizes suggest that one of Thomas Pell's friends, William Newman of Stamford, Connecticut, may have grazed cattle on the Neck at some time prior to September 1, 1668.  (William Newman was among the Englishmen who witnessed the signing of Thomas Pell's so-called "Indian Deed" on June 27, 1654, and who signed the document as such a witness.)

William Newman appears in the records of the Colony of New Haven as early as February 26, 1640/41.  The next year William Newman became one of the founding settlers of Stamford, together with Richard Crabb, John Finch and Henry Ackerly. In October, 1642 he received two acres of marshland and three acres of woodland in Stamford.

According to one historian, William Newman “was evidently a man of note in the young colony, and once represented the town in the General Court.”  He remained in Stamford for a number of years.  In fact, on July 8, 1652, he and Richard Crabb (another Englishman who signed the Pell Deed) signed as witnesses to the last will and testament of Robert Hussted of Stamford.  The records also suggest that William Newman occasionally acted as an attorney on behalf of Stamford residents.

It is also possible that Newman had some experience at some point as a cobbler or, perhaps, a shoe dealer.  In 1659, after the Colony of New Haven received complaints from residents regarding disputes over the “sizes of shoes” sold to them, the Court turned to William Newman for help.  Court records indicate that Newman had an instrument that he had brought from England that “was thought to be right to determine this question.”  Thus, the Court ordered that the instrument be procured from Newman and used to develop a standard “which shall be the rule between buyer and seller, to which it is required that all sizes be conformed.”

Shortly before signing Thomas Pell’s deed, William Newman was involved in a series of events that shed important light on Thomas Pell’s reasons for moving to acquire the lands in question.

In March, 1653/54, the Magistrates and Deputies of the Colony of New Haven hauled a man named Robert Bassett before the General Court.  At the time, the First Anglo-Dutch War was underway, though there had been no fighting among the Dutch and English colonies in North America.  The Court charged Bassett with carrying on an “insurrection” against the Colony of New Haven by attempting “to raise volunteeres to goe against the Duch . . . wthout any approbation from authority here, so that he hath bine a ringleader in these wayes of disturbance and undermining the gouermt of the jurisidiction, and this hath bine contrary to his oath of fidellitie taken to this jurisdiction.”

The Court demanded that Bassett name his confederates.  He named several Stamford residents including William Newman noting that each was “unsatisfied wth the gouerment of the jurisdiction because they have not their votes.”  The Court ordered Newman and others to appear at its next session.

Newman and the others appeared before the General Court on March 22, 1653/54. The Court charged Newman with being “one of the disturbers of ye peace of Stamford, in pleading for such libertie in votes as would overthrow the foundations of gouerment here laid, wch by his oath hee should have upheld and maintayned”.

The Court found all the parties guilty as charged, but saved the most severe punishments for confederates John Chapman and Jeremiah Jagger.  As for William Newman, the Court directed that he “enter bond to the valew of twenty pound, to attend his oath of fidellitie hereafter and maintayn the foundations laide for gouerment here and the lawes of the jurisdiction, to the utmost of his abillitie, avoyding all wayes of disturbance in this kinde wch he hath formerly gon on in.”  The Court required all of the offenders to execute an agreement promising to post bonds for good behavior and reaffirming their oaths of fidelity to the Colony of New Haven.

Despite such difficulties, William Newman remained in Stamford.  For example, on May 31, 1658, he appeared in court to pursue an unspecified action against Peter Disbrow.  Two years later, Newman testified on October 13, 1660 in a lawsuit over ownership of a horse brought by John Archer of Stamford against Francis Brown of Stamford. In that testimony, he described himself as “aged about 50 yeares”.

Sixteen years later, in 1676, a “William Newman” described as a “planter of Stamford”, sold land to John Austin, a “taylor” of Stamford. Newman’s will, dated “7.9.1673”, names as his legatees a wife named Elizabeth and his children “Thomas, Daniel, John, ---------, Elizabeth, and Hannah”. The will also mentions his brother, John.  (For more on William Newman and citations supporting these references, see Bell, Blake A., The New Englanders Who Signed Thomas Pell's 1654 Agreement Acquiring Much of Today's Bronx and Lower Westchester Counties From Native Americans, The Bronx County Historical Society Journal, Vol. XLVI, Nos. 1 & 2, pp. 25-49 (Spring / Fall, 2009).

William Newman of Stamford, therefore, had known Thomas Pell for many years when, in 1668, he became involved in a dispute with another Stamford resident named William Graves.  Graves brought a lawsuit alleging "Debt and damage" against Newman and, on September 1, 1668, obtained from the Court of Assizes led by the new Governor of the Colony of New York, Francis Lovelace, a warrant "to attach certain cattle found on Anne Hookes Neck and belonging to William Newman of Stamford, Conn."

The warrant directed the Constable of West-Chester "to attach so many of the Cattle or other Goods, as you shall find upon the said neck of Land or within the precincts of your Towne belonging unto the said William Newman, to the value of therty pounds good pay, or that you take sufficient security or sec[ ]rityes for the Appearance of him the said William Newman at the next Generall Court of Assizes, to be helden in this City begin[ ]ing on the first day of October next."  (See transcription and citation below.)

The special warrant of attachment was never served on William Newman.  It turned out that no cattle or other goods belonging to Newman were found on Thomas Pell's lands at Pell's Point.  Moreover, as a Stamford resident in the Colony of Connecticut, William Newman resided outside the jurisdiction of the New York Court of Assizes.  

Both the dispute involving William Newman and the inventory of Thomas Pell's estate at the time of his death strongly suggest that cattle grazed on the Pell farm overlooking City Island on Pell's Point in the 1660s.  

At the time, there were two small settlements near Pell's Point:  West Chester and Eastchester, both of which stood on lands sold to the settlers by Thomas Pell from his Manor of Pelham lands.  The roadway from West Chester to the edge of Throgg's Neck and Eastchester Bay existed, but likely as little more than a broad pathway.  There also likely was a Native American path parallel to the shore on the opposite side of Eastchester Bay along the route of today's Shore Road.  See Fri., Oct. 14, 2016:  Early History of Pelham's Ancient Shore Road, Long an Important Pelham Thoroughfare Along Long Island Sound.  

At the time, Native American trails crossed the Manor of Pelham.  Native Americans remained in the area and likely visited (and even planted and hunted on) Thomas Pell's lands.  It is not unreasonable to surmise this since many 17th century records indicate that once Thomas Pell's nephew, John Pell, inherited the Manor of Pelham, Native Americans continued to frequent the lands even during King Philip's War.  See Tue., Mar. 25, 2014:  More 17th Century References to Native Americans in the Manor of Pelham.  

Although the Old Boston Post Road (today's Colonial Avenue) did not exist until later when it was laid out through the Manor of Pelham, in part, by Thomas Pell's nephew, John Pell, an Indian trail followed its route through Pelham.  There likely were edible blackshaw shrubs, starved panicgrass, prairie fleabane, blackberries, blueberries, strawberries, and more.

Apart from the foregoing, the Manor of Pelham during the 1660s likely was mostly virgin, old-growth forest with lush salt marshes along the coast and nearby islands.  There likely were vast old-growth groves of various types of oak trees, beech trees, black-cherry trees, and up to another 150 species of trees.  Seventeenth century wildlife in Pelham likely included white tail deer, wolves, turkeys, rabbits, perhaps a few beavers and bears, plovers, squirrels, snapping turtles, eagles, hawks, ospreys, ducks, songbirds,  and even rattlesnakes.

Yes, our region was very, very different in the 1660s.  Our little Town of Pelham was not yet even a gleam in the eye of anyone then alive.  Look, however, at what it has become nearly four centuries later. . . . . 

Detail from 1776 Map by Charles Blaskowitz Showing Portions of Pell's

Point and Eastchester Bay. Source: Blaskowitz, Charles, A survey of Frog's

Neck and the rout[e] of the British Army to the 24th of October 1776,

under the command of His Excellency the Honorable William Howe,

General and Commander in Chief of His Majesty's forces, &ca, &ca, &ca.

(1776) (Library of Congress Geography and Map Division Washington,

D.C. 20540-4650 USA; Digital Id g3802t ar115200; Library of Congress

Catalog Number gm71000648).  NOTE:  Click to Enlarge Image.

*          *          *          *          *

"[162-163]

[CALENDAR:  Sept. 1.  Constable of West-Chester to attach certain cattle found on Anne Hookes Neck and belonging to William Newman of Stamford, Conn., or take security for the appearance of Newman to answer complaint of William Graves.]

[Text:}

[William] Graves Plt.
[William Newm]an Deft.

[. . . several lines lost . . .] being informed that the said Newman hath Cattle within this Government upon Anne Hookes Neck, capable to make satisfaction for the Same; These are in his Majesties name to require you, to attach so many of the Cattle or other Goods, as you Shall find upon the said neck of Land or within the precincts of your Towne belonging unto the said William Newman, to the value of therty pounds good pay, or that you take sufficient security or sec[ ]rityes for the Appearance of him the said William Newman at the next Generall Court of Assizes, to be helden in this City begin[ ]ing on the first day of October next, then [   ] there to make answer unto the complaint [   ] the said William Graves in an Action [   ] Debt and damage:  Whereof you are to [   ] true Returne at the Secretary off [     ] your hand, and for your so doeing th[     ] Speciall warrant.  Given und[     ] Seale this 1st day of [     ]mes in New Yor[     ]

Fra[     ]

[MOULTON:  The first judicial act of Gov. Lovelace on record is a warrant dated 1st Sept. 1668 directed to the Constable of West Chester, commanding him to attach certain cattle belonging to a non resident Debtor in behalf of a resident Creditor to the amount of 30 pounds, or take sufficient security from the owner, for his appearances at the next assize on the 1st Oct. next, to make answer to the complaint of Pltf. in an action of debt and damage, whereof you (the constable) are to make return to the Secretarys office, and for so doing this shall be your 'speciall warrant.']"

Source:  Christoph, Peter R. & Christoph, Florence A., eds., New York Historical Manuscripts: English -- Records of the Court of Assizes for the Colony of New York, 1665-1682, p. 74 (Baltimore, MD: Genealogical Publishing Co., Inc. 1983).

"[178]

[CALENDAR:  William Graves vs. William Newman.  Not tried, because no goods of defendant were found nor does the defendant live within the jurisdiction of the court.  Speciall warrant of attachment never served.]

[TEXT:]

William Graves Plt.
William Newman Deft.

This Cause came not to a hearing or Tryall  The Plt. having not found any goods of the Deft. within this Government And the Deft. living in another Jurisdiction, was not summoned nor was the Speciall Warrant of Attachment ever served."

Source:  Christoph, Peter R. & Christoph, Florence A., eds., New York Historical Manuscripts: English -- Records of the Court of Assizes for the Colony of New York, 1665-1682, p. 82 (Baltimore, MD: Genealogical Publishing Co., Inc. 1983).

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