Governor Thomas Dongan's Commission Appointing John Pell a Justice of the Court of Sessions in 1685

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Westchester County was formed by the so-called "Dongan Assembly Act" of 1683.  At its formation on November 1, 1683, the County included the Manor of Pelham then owned by John Pell, the nephew and principal legatee of Pelham founder Thomas Pell who died in late September, 1669.  Within a matter of months, the Court of Sessions of the County of Westchester was formed to handle judicial matters and held its first session on June 3, 1684 (Old Style, Julian Calendar).  It appears that John Pell was appointed First Judge of the first Court of Sessions.

The Dongan Assembly Act of 1683, named after Thomas Dongan (New York's colonial governor at the time), designated the tiny Village of Westchester as the County Seat where the Court of Sessions held many of its proceedings.  The Village of Westchester once stood roughly where today's Westchester Square is located in the Bronx and was founded by settlers to whom Thomas Pell sold lands from his original land purchase from local Wiechquaeskecks.  There are also indications that the rival adjacent village of Eastchester shared the hosting of some proceedings of the Court of Sessions.  In addition, Justices of the Court were assigned to "Ridings" and rode on horseback throughout their assigned jurisdictions to hear small matters (see below).

In their multi-volume history of the "Courts and Lawyers of New York," Alden Chester and Edwin Melvin Williams wrote:

"Under the Dongan Assembly Act creating Westchester County, the village of Westchester became the county seat; or at least shared the sessions of the County Court with Eastchester.  The first Court of Sessions held in Westchester, as shown by court records, was on June 3, 1684.  John Pell was, it seems, appointed First Judge of Westchester County in that year, but the records do not show whether he sat at the June session of 1684.  He seems to have been recommissioned by James II in 1688 [sic; should be 1685], after the status of the latter had changed from the duke to the king.  [See registered copy of the Commission and transcription thereof below.]"

Source:  Chester, Alden & Williams, Edwin Melvin, Courts and Lawyers of New York:  A History, 1609-1925, Vol. I, p. 1298 (Clark, NJ:  The Lawbook Exchange, Ltd., 2005).

Soon after his arrival in New England in late 1670, John Pell was accepted as a respected member of the landed gentry of the southern parts of the Province of New York.  When he was appointed Justice of the Court of Sessions of Westchester County, the court's jurisdiction was divided into three "Ridings" with Justices "riding" about the area to hold court in various places within each "Riding."  The three Ridings at the time were the North, East, and West Ridings.  John Pell was a Justice in the North Riding. 

The court of sessions was held by all the justices of the peace within their respective riding three times a year, June, December and March in the earlier years. (In later years some were held in November rather than December.)  During a court session, in the absence of a member of the Provincial Council, the oldest justice presided. The jury was composed of overseers elected from the various towns within the Riding. The court of sessions possessed both civil and criminal jurisdiction. It had cognizance of all actions of debt, account, slander, trespass and actions on the case, where the sum involved was more than five pounds and not over twenty pounds. Court days likely were lively affairs that attracted visitors from throughout the Riding to participate in markets and for the "entertainment" offered by lively court sessions. 

The Court of Sessions of the County of Westchester was somewhat different than what we may think of a court in our separate judicial branch of government today.  Some of the issues it addressed and relief it granted had legislative aspects.

John Pell's long involvement with the Court of Sessions and the many judicial proceedings that were held in the Village of Westchester are commemorated in a massive mural painted in 1932 that is ten feet high and thirty-six feet wide.  It was painted by James Monroe Hewlett on a wall of The Bronx County Building located at 851 Grand Concourse, Bronx, NY, 10451.  The mural, which is shown below, depicts the first meeting of the Westchester County Court of Sessions in the Village of Westchester with Justice John Pell presiding.  Pell was painted from a portrait of him prepared during his life.  According to an article written by Bronx Historian Lloyd:

"The subject of the mural was chosen for two reasons.  First, the building in which it was displayed was a courthouse with several courtrooms.  Secondly, the structure was the Bronx County Building and the convening of the first county court on the soil of a county about to celebrate the twentieth year of its founding in 1914 seemed appropriate.  The central portion of the mural shows a trial in progress.  The litigants and the lawyers are around the table to the right.  They face Justice John Pell occupying the high seat with the bench in front of him.  The members of the jury sit in the seats in the background.  A small group of men, probably awaiting the next trial on the docket, confer in an alcove on the extreme left side of the mural.  On the extreme right, another group, probably including the man recording the trial, cluster around a table bearing documents.  On the wall beside them is a map showing the divisions of the area that is now The Bronx.  Hewlett's image of John Pell is a simplified version of a portrait of the man that has survived.  [See below.]  The courtroom, however, is far too large and spacious for the one in which trials were held in 1684.  In reality, construction on a building that would house this court did not begin until 1686.  The coat of arms of England is at the top center of the mural." 

Source:Ultan, Lloyd, The Bronx County Building's Historical Murals:  An Artistic Legacy, p. 7 (Bronx, NY:  The Bronx County Historical Society, 2018) (Written by Lloyd Ultan; Photos by Robert Benimoff, In Cooperation with The Bronx County Historical Society). 

James Monroe Hewlett's Mural Depicting John Pell of the Manor

of Pelham Sitting as a Justice of the Court of Sessions of Westchester

County During a Court Session.  Text at Top of the Mural Reads on left:

"IN 1684 THE COLONIAL GOVERNMENT ESTABLISHED A COUNTY COURT

IN THE TOWN OF WESTCHESTER OF WHICH COURT THE HON. JOHN PELL

WAS THE FIRST JUDGE." and on Right:  "THE TRIAL OF GABRIEL LEGGETT A

COLONIST WAS HELD IN THIS COURT BEFORE JUSTICE CALEB HEATHCOTE

BENJAMIN COLLIER BEING HIGH SHERIFF OF THE COUNTY."  NOTE:  This

Copyright-Protected Image is Embedded Here from Another Web Location.  Thus,

if it is Taken Down from that Location or its URL is Changed, this Embedded

Version of the Image No Longer Will Be Visible.  NOTE:  Click on Image to Enlarge.

I have written about John Pell's service on the Court of Sessions before.  See Mon., Mar. 14, 2016:  Three Days of Westchester County Sessions Court Run by John Pell of Pelham Manor in June of 1687.  Today's Historic Pelham Blog article addresses the recommissioning of John Pell as a Justice of the Court after King James II rose to the throne in England.

When John Pell was first appointed as Justice of the Court of Sessions, it appears that he was commissioned under authority of Charles II who was King of England, Scotland, and Ireland.  Charles II died on February 6, 1685 and was succeeded, beginning that day, by his brother, James II.  James II is known as James II and VII since he was King of England and Ireland as James II and King of Scotland as James VII.  He served as King from February 6, 1685 until he was deposed in the so-called Glorious Revolution of 1688.  He was the last Roman Catholic King of England, Scotland, and Ireland.  

Before rising to the throne, James II was designated "Duke of York" at birth. During the Anglo-Dutch Wars his brother, King Charles II, asserted England's claim to the New Netherland region in America by granting his brother, James (then Duke of York) a patent.  The new colony, of course, was named New York.  

The Duke of York succeeded to the throne upon his brother's death.  Thus, in 1685 New York Governor Thomas Dongan recommissioned John Pell and others as Justices of the Court of Sessions of the County of Westchester.  The commission named John Pell, John Palmer, William Richardson, Joseph Horton Sr., and Joseph Thealle as Justices and specified the scope of their powers as members of the Court of Sessions.  John Palmer was a member of the Provincial Council and, as such, also was a justice of the Court of Assize in 1684-85 and 1687-88.  He also was a judge of Admiralty in 1684.  William Richardson was a notable local citizen who operated a mill on the Bronx River.  

The recommissioning document was registered in the Westchester County Book of Deeds, Volume A-B, 1681-1698.  Images of the pertinent two pages are presented below, together with a transcription of the handwriting.

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.

*          *          *          *          *

"JAMES THE SECOND, BY THE GRACE OF GOD KING OF ENGLAND, SCOTLAND, FFRANCE [sic] AND IRELAND DEFENDER OF THE FAITH, &c, SUPREAME LORD AND PROPRIETOR OF THE COLLONY AND PROVINCE OF NEW YORK &c., 

TO OUR WELL BELOVED, JOHN PELL, JOHN PALMER, WILLIAM RICHARDSON, JOSEPH HORTON, SENIOR, JOSEPH THEALLE ESQRES. (GREETING) KNOW YEE, that wee have assigned you and every one of you dureing oe Will and Pleasure joyntely and severally our Justices to keepe our peace in the County of Westchester and to keepe and cause to be kept all lawes and ordenances made for the good of the peace and for conservation of the same and for the quiett rule and government of our People in all and every the Articles thereof, in our said County according to the force forme and efect of the same, and to chastize & punnish all persons offending against the forme of these laws and ordenances or any of them in the County aforesaid as according to the forme of these lawes and ordenances shall befitt to be done and to cause to come before you or any of you all those persons who shall threat on any of our People in their persons or in burneing their houses to find sufficiant securety for the peace or for the good behaviour towards us and our People and if they shall refuse to find such securety then to cause them to be kept in safe prison untill they find such securety wee have also assigned you and any three of you, whereof any of you the said John Pell, John Palmer, William Richardson, shall be one our Justices to enquire by oate of good and lawfull men of the County aforesaid by whom the trute may be the better knowne of all and all mannor of petty larcenys trespasses and extortions and of all and singular other misdeeds & offenses of which Justices of the Peace may or ought lawfully to enquire by whomsoever & howsoever don or perpetrated which hereafter shall happen howsoever to be done or attempted in the County aforesaid and of all these who in the County aforesaid have laine in waite or hereafter shall presume to lye in waite to maime or kill our people, AND ALSOE of Inholders ***** [asterisks in orginal] AND of all and singular other persons who have offended or attempted or hereafter shall presume to offend or attempt in the abusses of weights or measures or in the saile of victually against the forme of the lawes or ordenances or any of them in that behalfe made for the Common good of this our Province and the People thereof, in the County aforesaid and alsoe of all Sherriffs Bayliffs Constables Goalers [i.e., Jailers] and other officers whatsoever who in the execution of their offices about the premises or any of them have unlawfully demeaned themselves or hereafter shall presume unlawfully to demeane themselves or have beene or hereafter shall be careless remise or neglegent in the County aforesaid and of all & singular Articles & circumstances and all other things whatsoever by whomesoever & howsoever done or perpetrated in the County aforesaid or which hereafter shall happen howsoever to be done or attempted in any wise & to heare & determine all & singular the petty larseneys trespasses extortions aforesaid and all & singular other the premisses according to law and to chastize & punish the said persons offending & every of them for there offences by corporall punishment, ffines, ransomes, amercements, forfeitures or otherwise as ought to be don according to the laws, & whereas by an acte of oe Generall Assembly you are impowered in yoe sessions to trye as well Civill causes as causes Crimenall.  Wee have likewise assigned you and any three of you whereof any of you the said John Pell, John Palmer, William Richardson, shall be one in yoe said Courts of Sessions to heare trye & determin all such said causes as shall be brought before you according as in the said acts is prescribed & appoynted and according to the lawes of the province provided always that if a case of diffecalty upon the determenation of any of the premisses shall happen to arrise before you or any three or moore of you; your nor any three or more of you doe proceed to give judgmt therein except it be in the pressence of one of our Judges of our Court of Oyer & Termenor and Generall Goale delivery in the County aforesaid.  AND wee comand by vertue of these presence the Sherriffe of the said County that at certaine days & places which you or any such three or moore of you as aforesaid shall cause to be made knowne unto him he cause to come before you or such three or more of you as aforesaid such & as many good & lawfull men of his Baliwick by whome the trute in the premisses may be the better knowne & enquired of.  IN WITNESS WHEREOF wee have caused the seale of oe said Province to be hereunto affixed this 20te day of Octobe. 1685 & in the first yeare of our Reigne.

TEST:  THO. DONGON.

Past the Offices, J. Spragg, Secr.
Compared with the origionall this being a true coppy from the same
Pr. me Joseph Lee, Registe."

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 43-44 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

First Page of Registered Copy of Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 43 (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 Governor Thomas Dongan's

Commission Appointing John Pell a Justice of the Court of Sessions

on October 20, 1685 (Old Style Julian Calendar).  Source:

County of Westchester New York Deedbook A 1681-1688, p. 44 (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.

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How Extensive Did Thomas Pell Believe His Land Acquisition from Local Wiechquaeskecks To Be?

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For nearly 150 years, Pelham lore held that Thomas Pell's land purchase from local Natives on June 27, 1654 (old style Julian Calendar) involved 9,166 acres.  During the late 1980s, Pelham Town Historian Susan Swanson reviewed primary sources and demonstrated that Pelham lore was flatly wrong.  Pell's purchase involved up to roughly 50,000 acres of land in today's Bronx and lower Westchester County.  What lands, however, did Pell believe he acquired from local Wiechquaeskecks?

The agreement Pell signed with local Natives that day provides some evidence of the lands Pell believed he bought in 1654.  It describes the lands as follows:

"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."

In his history of the Town of Pelham published in 1946, Lockwood Barr described the bounds of the purchase in modern terms, stating:

"This treaty [sic] conveyed to Thomas Pell the lands east of Hutchinson River to Mamaroneck, including City Island, Hunter's Island, Travers Island and all the others, large and small, bordering the Shore. On the mainland, the tract included Pells Point, all the Pelhams, and New Rochelle. West of the River it included the Town of East Chester, part of Mt. Vernon, and a portion of the Bronx."

Source:  Barr, Lockwood Anderson, A Brief, But Most Complete & True Account of the Settlement of the Ancient Town of Pelham Westchester County, State of New York Known One Time Well & Favourably as the Lordshipp & Manour of Pelham Also The Story of the Three Modern Villages Called The Pelhams, pp. 12-13 (The Dietz Press, Inc. 1946).

A variety of conveyances of portions of the property by Thomas Pell (and by his legatee nephew and nephew's wife, John and Rachel Pell) as well as lawsuits over disputed boundaries of the land Pell purchased shed fascinating light on the extent of the lands that Pell believed he purchased from the Natives and demonstrates that Pell understood his purchase to encompass lands explicitly claimed by the Dutch on which the Dutch previously had planted settlers in 1643 and, perhaps, earlier.  

Pell clearly believed his purchase to extend from Long Island Sound (while including numerous islands off the shores of the mainland) westward to the Bronx River.  Clearly he also understood it to extend southwest of Eastchester Bay to encompass not only today's Throgg's Neck but also the entire mainland from Throgg's Neck to the Bronx River and extending all the way to the mouth of the Bronx River where it enters Long Island Sound (including Cornell's Neck, an area now known as Clason Point in the Bronx).  To the north, Pell clearly believed his land holdings extended into portions of today's Mamaroneck on the coast and even as far as an area slightly beyond the northwestern tip of today's City of New Rochelle.

This, indeed, was a vast swath of land nearly six times the size of the 9,166 acres of land that most historians claim Pell purchased.  See, e.g., Bolton, Jr., Robert, A History of the County of Westchester from its First Settlement to the Present Time, Vol. I, p. 513 (NY, NY: Alexander S. Gould, 1848) (noting that Pell's purchase "originally embraced nine thousand one hundred and sixty-six acres"). 

What evidence do have that Pell understood his purchase to be that large?  First, by November 14, 1654, only months after his purchase, Pell planted a group of English settlers in a settlement that became known as "West Chester" by the English and "Oostdorp" by the Dutch.  Indeed, it appears that on November 14, 1654 (old style; Julian calendar), Thomas Pell entered into some form of agreement selling the portion of his lands that became the little settlement of West Chester to the English settlers.  Before the settlers paid (or completed payment) for the lands, there arose "some troubles which hindered the underwriters possession". That trouble, of course, was the intervention of Dutch authorities who arrested and imprisoned many of the settlers claiming that they had settled on land owned by the Dutch. Ten years later, Pell seems to have "settled" this longstanding matter by obtaining written confirmation from the inhabitants of the Town of West Chester that he remained the owner of the land because they (or their predecessors) had not paid Pell for the land. At the same time, Pell affirmed in writing that the inhabitants could continue to "enjoy the present improvements of Their labors, Their home Lotts, and planting grounds with what meadowes were in times past laid out to each man's particular". In short, he affirmed that he would not evict them from the land.  For more, see Mon., Nov. 06, 2006:  The Source of Confusion Over the Date Thomas Pell Acquired the Lands That Became the Manor of Pelham. 

Next, on June 24, 1664, Thomas Pell sold lands between the Hutchinson River and the Bronx River to Phillip Pinckney and James Eustis from Fairfield, Connecticut who, in turn, arranged for ten Puritan families to come by boat in August of that year to settle on a portion of the land previously occupied by Anne Hutchinson before her murder by local Natives in 1643.  Those lands included today's Town of Eastchester, City of Mount Vernon, and portions of the Bronx.

Two years later, in 1666, Pell became embroiled in a significant lawsuit with Charles Bridges and Sarah Cornell Bridges disputing ownership of Cornell's Neck.  The map immediately below illustrates the location of Cornell's and its relationship to Pelham Neck, the settlement of Westchester, and Throgg's Neck. 

Map Showing Location of Cornell's Neck and its Relation to the

Settlement of Westchester, Throggs Neck, and Pelham Neck.

Source:  Cornell, John, Genealogy of the Cornell Family Being

an Account of the Descendants of Thomas Cornell of Portsmouth,

R. I., Opposite p. 21 (NY, NY:  Press of T. A. Wright, 1902).

NOTE: Click on Image to Enlarge.

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.

Next, only two weeks before Thomas Pell died in late September, 1669, John Richbell of Mamaroneck started a lawsuit against him claiming that he "Doe unjustly detaine & keep from him a certain parcell of meadowe Ground lyeing & being neare unto or upon one of ye three necks of Land at Momoronock."  Pell claimed these lands as part of his original purchase.  Richbell also claimed the lands.

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

Eventually, Francis Lovelace, Governor of the Province of New York, stepped into the matter and appointed a group of Commissioners to make recommendations regarding resolution of the dispute.  The Commissioners could not agree on a resolution. Interestingly, however, they reported to Governor that they had discovered a tree in the disputed meadow "markt on ye East side with J. R. [John Richbell] & on the West with T. P. [Thomas Pell]" from which, if a line were drawn from the tree directly toward Long Island Sound, would divide the meadow exactly in half.  Though the Commissioners did not resolve the dispute, Governor Lovelace ordered Pell and Richbell to consider the report and attempt to resolve the matter before a trial would be conducted.  On January 25, 1671/72, the men reportedly settled the matter and "agreed upon [the land] to bee divided equally between them, both Meadow & Vpland, quanity & quality alike."  Consequently, a portion of the lands originally claimed by Thomas Pell were confirmed as the property of John Richbell due to his purchase from "Cakoe," a local Native who sold the land to Richbell and likely was the "Cockho" who was among the local Natives who signed the Pell Deed in 1654.  See Tue., Oct. 24, 2006:  Thomas Pell's and John Pell's Land Dispute with John Richbell in the Late 1660s and Early 1670s.

Two decades after Thomas Pell's death, on September 20, 1689, Pell's principal legatee and nephew, John Pell, and John Pell's wife (Rachel) conveyed to Jacob Leisler of New York City 6,100 acres of land that had formed portions of the northeastern part of Thomas Pell's original land acquisition in 1654.  See Fri., Apr. 06, 2007:  The Deed Reflecting John Pell's Sale of the Lands that Became New Rochelle.  

Finally, of course, in 1895, New York City annexed a large part of the Town of Pelham including Pelham Bay Park, City Island, and other islands nearby.  All of these lands likewise were part of Pell's original purchase.  Out of roughly 50,000 acres that Pell believed comprised his original purchase from local Natives, only slightly less than 1,570 acres of remain within the boundaries of today's Town of Pelham.

During the 1980s, then Town Historian Sue Swanson reviewed material and crafted a map that serves as a powerful visual aid to understand the magnitude of the lands that Thomas Pell believed he bought from local Wichquaeskecks in 1654.  An image of the map appears immediately below.

Map of Pell's Purchase from the Indians and Pelham Today

by Susan Swanson, Former Town Historian of the Town of

Pelham.  NOTE:  Click on Image to Enlarge.

Another such map sheds similar light on the monumental scope of Pell's original purchase.  Although the map does not purport to depict the entire area acquired by Pell, it is an early map that helps understand the size of the purchase.  It is a map prepared in 1708 in connection with efforts begun in 1704 to have John Drake, Henry Fowler, Joseph Drake, Edmund Ward and Jeremiah Fowler act on behalf of the freeholders of the town of Eastchester in connection with procuring a patent for local lands as they sought to clarify a land dispute with the settlement of Westchester.  The map was entitled "A Draft of the Lands in Controversy Between the Inhabitants of East Chester Joynd with William Pear Tree & Surveyed & Laid Down 1st August - Graham Lell."  An image of a later copy of the map appears immediately below.

"A Draft of the Lands In Controversy Between the Inhabitants of

Westchester & the Inhabitants of East Chester Joynd with William

Pear Tree & Surveyed & Laid Down 1st August - Graham Lell" prepared

by Colonel William Peartree in 1708. NOTE:  Click on Image to Enlarge.

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More on the Settlement of Westchester Planted by Thomas Pell in 1654

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Yesterday's Historic Pelham article described important new scholarship regarding the history of the tiny English settlement of Westchester (also known as West Chester) planted by Thomas Pell in late 1654 in an area near today's Westchester Square in the Bronx.  See Tue., Apr. 24, 2018:  Important New Scholarship on the Men to Whom Thomas Pell Sold Part of the Manor of Pelham in 1654.

The story of the founding of Westchester is interwoven with the early history of what became the Manor of Pelham.  Thomas Pell and, perhaps, some of his English colleagues planted the settlement most likely to defy New Netherland authorities and to expand the confines of the United Colonies of New England into an area claimed by the Dutch.  

Those who settled the area, however, soon found themselves holding the tail of a tiger.  Dutch authorities warned them to leave.  They refused.  Soon, however, the Dutch sent a force of men who took most of the male settlers at Westchester prisoners and placed them on a prison ship in the waters off New Amsterdam.  Remaining settlers including women petitioned for release of the prisoners.  Most, except a handful, were released.

A group of sixteen settlers petitioned Dutch authorities to allow them to remain in Westchester under Dutch rule.  The petition was granted.

This, by no stretch, is a complete picture of the early history of Westchester as it relates to the Manor of Pelham.  Yet, it provides context to assess some of the original documentation available online from the New York State Archives regarding Thomas Pell and the settlers of Westchester, the settlement after which today's County of Westchester is named.

Today's Historic Pelham article combines images of original material in Dutch and in English relevant to Thomas Pell and the settlers of Westchester held in the New York State Archives with translations of the Dutch and transcriptions of the English text prepared by Dr. Charles T. Gehring.  The material is not complete.  There is much more material relevant to Thomas Pell and the Westchester settlers in the digitized collections of the New York State Archives and in the translations prepared by Dr. Gehring.  The partial set of material below provides an interesting overview of a time very early in the history of the lands that became the Manor of Pelham and is important reading material for students of Pelham history.

*          *          *         *         *

April 19, 1655 "Protest against Thomas Pell settling on lands

belonging to the Dutch, with notice to quit" in Dutch.  Page 01

of 02.  Source:  "Protest against Thomas Pell settling on lands

belonging to the Dutch, with notice to quit", New York State Archives

(visited Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.

Translation Appears Below.

April 19, 1655 "Protest against Thomas Pell settling on lands

belonging to the Dutch, with notice to quit" in Dutch.  Page 02

of 02.  Source:  "Protest against Thomas Pell settling on lands

belonging to the Dutch, with notice to quit", New York State Archives

(visited Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.

Translation Appears Below.

"[6:31c] 

[PROTEST AGAINST THOMAS PELE FOR SETTLING ON LAND IN VREEDLANT WITHOUT AUTHORITY] 

19 April 

Comelis van Tienhoven, in his capacity as fiscal over the province of New Netherland and guardian of the authority and jurisdiction, conveyed and granted by commission of their High Mightinesses, the states general of the United Netherlands and the honorable lords directors of the Chartered West India Company, lords and patroons of New Netherland, to the highly esteemed lord Petrus Stuyvesant, director general, and the high councilors of New Netherland; 

To you, Tomas Pele, or whomever else this may concern: having been ordered by the aforesaid lord director general and high councilors to proceed to and upon the lands of Vreedlant [taken possession of] during the time of the late lord director general [Kieft, and bought from and paid for to the actual owners and proprietors, natives of this country] as can be seen in the register [of deeds by their signatures], whereby [I inform and warn you and] all whom it may concern, herewith, that you and your associates have not only settled upon lands bought many years ago by the Dutch nation and possessed under patent by the late lord general Kieft, but that you also occupy it by usurpation contrary to the agreement of Hartford and the peace concluded between the two nations in Europe, against the will and consent of the director general and high councilors of New Netherland. 

Therefore, the fiscal, on behalf of the aforesaid high and mighty states general and the honorable lords directors of the Chartered West India Company, does hereby notify you and all whom it may concern, by the bearer of this, Claes van Elslant, court messenger, summoned and commissioned for the execution hereof, on the aforesaid land purchased and long possessed, and done contrary to the agreement made at Hartford, not to continue with construction or with clearing of land, foddering of livestock or mowing of hay, or whatever else might in any way pertain to cultivation or agriculture, that in fifteen days after being served this summons you shall depart from the aforesaid lands located in the jurisdiction of New Netherland, with the people accompanying you, servants or slaves, furniture, livestock, tools and everything that you and your nation has brought there of your own, under penalty, if you or any of yours shall be found to have done contrary to this after the aforesaid period of time, that I, ex officio, shall be required to proceed against you and whomever it may concern as is appropriate; in the meantime, I protest against all damage, injury, mischief and trouble, which might arise as a result of your subsequent actions, declaring before God and the world to be innocent thereof. 

Done at Amsterdam in New Netherland. Ady ut supra."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 34-35 (Syracuse, NY:  Syracuse University Press, 1995).

April 19, 1655 "Order to the court messenger to serve the protest

against Thomas Pell", in Dutch.  "Order to the court messenger to serve the

protest against Thomas Pell", New York State Archives (visited Apr.

22, 2018).  NOTE:  Click on Image to Enlarge.  Translation

Appears Below.

"[6:33a] 

[ORDER TO SERVE THE ABOVE PROTEST AND SUMMONS] 

[Whereas the present situation does not permit that the fiscal of New Netherland should serve the foregoing] notice and protest [in person, therefore] the court messenger, Claes [van Elsland, is authorized] to do it. Done at Amsterdam [in N. N. dated as above].

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, p. 35 (Syracuse, NY:  Syracuse University Press, 1995).

September 27, 1655 "Letter from Thomas Wheeler to the English

settlers at Gravesend".  Source:  "Letter from Thomas Wheeler to

the English settlers at Gravesend", New York State Archives (visited

Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.

"[6:90a] 

[COPY OF A LETTER FROM THOMAS WIELER TO THE ENGLISH AT GRAVESANDE] 

Westchester, 27 th September 1655 

Respected friends after my Respects presented unto you I am sensible of your feares & it is not without grounds I feare to use the Best, meanes as is in my power shall not be wantinge in mee to you for your preservation to speake with the Indians wee know not how the bearer hereof can further informe you But if you send a messenger about saterday with your mijnde I Thincke our saggamaker* will be hear but if you doe not, my true indeaver shall be used for your safetye and my weake advise to you at present iff you intend your preservation & alsoe the Duth that are amongst iff they meane to save theyre lives there must be meanes used for them to retoume to theyr owne contriemen for safeguard for this I fully understand that the Indians will pick them out of every English towne upon the Band & in New England it is a trouble to our saggamacker that there is soe many duth with you. for feare the should wrong you in killing of them. Soe desiring the Lord to protect you I Rest.

Was subscribed Tho: Wieler 

The Indians intend noe wrong to the English if they assist no the Duth with men and provision."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 86-87 (Syracuse, NY:  Syracuse University Press, 1995).

[6:90b] 

[NOTE CONCERNING THE PRECEDING LETTER]

On 12 October 1655 the foregoing was collated in our presence, the underwritten, and found to agree with the original (being in the hands of the deputies from the magistrates of Gravesande: Will. Willekens, and Willem Bouwns) dated and signed as above. Ady ut supra. 

[   ] we the undersigned attest: 
Wille Bonne This is the [His Mark] mark of 
Will. Willekens made himself 
P. Stuyvesant 
LaMontagne 
Cor: van Tienhove"

Source:  Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 86-87 (Syracuse, NY:  Syracuse University Press, 1995).

March 7, 1656 "Instructions to captain de Coninck for the expedition to Westchester

[Copy of Volume 6:318b]", Page 1 of 2 (In Dutch).  Source:  "Instructions

to captain de Coninck for the expedition to Westchester [Copy of Volume

6:318b]", New York State Archives (visited Apr. 22, 2018).  Note:  Click

on Image to Enlarge.  (Charles T. Gehring Translation Below.)

March 7, 1656 "Instructions to captain de Coninck for the expedition to 

Westchester [Copy of Volume 6:318b]", Page 2 of 2 (In Dutch).  Source:  "Instructions

to captain de Coninck for the expedition to Westchester [Copy of Volume

6:318b]", New York State Archives (visited Apr. 22, 2018).  Note:  Click

on Image to Enlarge.  (Charles T. Gehring Translation Below.)

"[6:318b] 

[INSTRUCTIONS FOR THE EXPEDITION TO WESTCHESTER] 

Instructions for the valiant Captain Frederick de Coninck, Captain Lieutenant Brian Nuton, and the lord fiscal Comelis van Tienhoven, commissioned to go to Westchester, pursuant to the resolution of the honorable lord director general and councilors dated 6 March 1656, and there to execute their orders. 

1 

They are to proceed tonight with the designated detachment of soldiers to Vreedlant in order to occupy the houses of the English who have settled there on the honorable Company’s land, and to order them to depart with all their moveable goods and livestock.

2 

If they are not disposed to break up and depart at once, the English are to be made to depart, if it is possible, willingly or unwillingly; and if they show any opposition by shooting or other resistance, to oppose force with force, and according to the instructions of the honorable lords superiors, to move against the usurpers as against an enemy.

3 

The houses are to be demolished, except for 3 or 4 for sheltering goods and soldiers; the most prominent fugitives and criminals, who have fled there, are to be brought here as soon as possible. 

4 

They shall be allowed to leave, according to their discretion, some of the less prominent men to watch over the goods, and to command them to remove all their property and livestock from there within 3 days, on pain of being prosecuted accordingly. 

5 

They are to prevent any thievery, plundering, and similar activity, as much as possible; and strictly forbid the soldiers from doing so. 

6 

If they encounter Indians, which is not hoped for, they are to defend themselves, defensively or offensively, as the situation requires. Done at our session held at Fort Amsterdam in New Netherland. Ady ut supra. Was signed: P. Stuyvesant, Nicasius de Sille, La Montagne."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 258-59 (Syracuse, NY:  Syracuse University Press, 1995).  

March 13, 1656 "Propositions of the people of Westchester [Copy

 of Volume 6:342]", Page 1 of 2.  Source:  "Propositions of the

people of Westchester [Copy  of Volume 6:342]", New York State

Archives (visited Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.

Handwritten Text Transcribed Below.

March 13, 1656 "Propositions of the people of Westchester [Copy

 of Volume 6:342]", Page 2 of 2.  Source:  "Propositions of the

people of Westchester [Copy  of Volume 6:342]", New York State

Archives (visited Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.

Handwritten Text Transcribed Below.

"[6:342] 

[PROPOSITIONS OF THE PEOPLE OF WESTCHESTER] 

Honoured Sir 

The propositions that wee in the Behalfe of the inhabitans of Freedland and our selves desiere to have rattified and confirmed unto us by your honour are as follow 

1. That wee may not have any plantation nor villig nor farme nor farmes nor any Iland or passill of land graunted nor given unto any person or persons what ever with in toe hollands milles of the senter of the plantation where wee doe nou sitt downe called freedlant not of any side of it. 

2. That wee may have Libbertie to disspose to Inhabitans that either nowe are or shall be here after Receved by the Consent and approbation of your honnour with our selves: that is to say such as have land graunted by your honnour wee may have Libertie to lay it out in such places as may be leeft preiuditiall to the Towne and convenient for them to whome it is given and graunted by your honnour.

3. That as your honour hath power to Receive in as inhabitants into the place where wee live or Detaine and Reep backe any from liveing and possessing landes in the place soe alsoe wee desire that wee may have Libertie to Receive in such any be benefitiall to the towne or such as are not scandolus but sevell [civil] Livers Where by we may popelate our towne alsoe that wee may have Libertie to obiect against and keeppe backe any from liveing and possessing land in our towne or within the limits there of provided wee have iust cause to obiect against any person that hath a desier to be Received in to the Towne. 

4. That all men that have land graunted and given unto them shall be ingaged to plante and bule [build] and dwell in the towne with in Sixe mounths after he hath his land graunted to him or else to lowse his graunte: and alsoe that all men that doe take up land within the limits of our towne shall be liable to pay such common charge as shall justly arise in the towne according to the proportion of land graunted to him and according to his vissibule estate extent. 

5. That we may have liberty within our selves to choose offisors to [e]xecutt justice according to law amongst our selves that may be for the mayntayning of peace and equity in the place where we live and allsoe to these select men for the Caring and towne affares in the townes behalfe and alsoo to Chuse millitari officers amonghst our selves for the disciplining of our selves in a millitary way; that soe wee may be able to oppose any that shall un Justlie assalt us.

6. That wee may have a Copie of your lawes Drawne out in English that we soe may know how to Regulate and Conforme our selves accordingly and alsoe we may know when we doe trance gresse and alsoe know how to punnish any accordingly that doe trancegresse. 

7. That we may have Liborty to make orders for towne affares amonghst our selves as may not be Repugnant to the fundamentals of your lawes. 

8. That wee may have protecktion from your honnor to deffend us from ether Indians or any that shall un Justly assault us: that we may have amonition from you that is powder lend [lead] and gunnes that soe we may be able to defend our selves that is provided we satisfie for it & that those armes that are wanting may be maide goode to according to your promise. 

9. That whatsoever writings are trance acted betweene you and us may be written in English that soe we may be fully and parfectly understand them."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 282-83 (Syracuse, NY:  Syracuse University Press, 1995).

March 15, 1656 "Application to the fiscal that notice to quit be

served on the remaining intruders at Westchester [Copy of

Volume 6:329b]", in Dutch.  Page 01 of 03.  Source:  "Application 

to the fiscal that notice to quit be served on the remaining

intruders at Westchester [Copy of Volume 6:329b]", New York

State Archives (visited Apr. 22, 2018).  NOTE:  Click on Image

to Enlarge.  Translation Appears Below.

March 15, 1656 "Application to the fiscal that notice to quit be

served on the remaining intruders at Westchester [Copy of

Volume 6:329b]", in Dutch.  Page 02 of 03.  Source:  "Application 

to the fiscal that notice to quit be served on the remaining

intruders at Westchester [Copy of Volume 6:329b]", New York

State Archives (visited Apr. 22, 2018).  NOTE:  Click on Image

to Enlarge.  Translation Appears Below.

March 15, 1656 "Application to the fiscal that notice to quit be

served on the remaining intruders at Westchester [Copy of

Volume 6:329b]", in Dutch.  Page 03 of 03.  Source:  "Application 

to the fiscal that notice to quit be served on the remaining

intruders at Westchester [Copy of Volume 6:329b]", New York

State Archives (visited Apr. 22, 2018).  NOTE:  Click on Image

to Enlarge.  Translation Appears Below.

"[6:329] 

[CHARGE OF THE FISCAL AGAINST THE ENGLISH SETTLERS AT WESTCHESTER, WITH THE ORDER THEREON] 

To the honorable lord director general and councilors of New Netherland. 

Esteemed lords, 

Not only do your honors [know] but everyone else living in these parts that many years ago the land called Vreedlant was settled by various people with patents from your honors’ predecessor,* and possessed in peace by this government until the general war of 1643. It now happens that a certain Mr. Pel, resident of Onckewaay in New England, has undertaken, against all Christian laws and customs, to repurchase recently these same lands from the same natives, which had been bought and paid for from the natives by your honors, according to the register of conveyances, and to take possession of them in his name and to live there without your honors’ knowledge or consent, and contrary to the settlement of the boundaries agreed upon with the United Colonies of New England at Hardfort in 1650. Against which usurpations the fiscal, in his capacity, and in the name and on behalf of his lords superiors, has protested.* After these protests were made, Lieutenant Wheller (who is in command there as chief officer) has remained there with the remainder of his associates, continuing to build and plant, and receiving [and sheltering several fugitives, vagabonds, and thieves, who on account of their bad behavior had to flee. Thereupon] your honors, according to the instructions and orders of the lords directors and in order to uphold the agreement of Hardfort, have resolved to eject the aforesaid Wheller and his associates with a detachment of armed men. Which persons, according to their declaration dated 14 March, drew up in armed formation opposite the lord general, who was present there with the rest of the troops, and demonstrated their unwillingness to be ejected, saying that it was their land. Whereupon the aforesaid English were disarmed, and 23 of them were brought the same day aboard the ship de Waegh as prisoners. A few were left behind with their women and children to look after their possessions. Therefore, the fiscal requests that your honors will be pleased to send the court messenger with one or two of the oldest men to Vreedlant in order to summon the remaining English, who are still there, to depart with all that they had brought there, on pain of appropriate legal action if they do otherwise; also, that the aforesaid Lieutenant Wheller and his associates pay the expenses incurred by your honors in going up there with boats and armed men because of their actions and disobedience; and especially, to sign a document and promise therein by oath never again to come and live, build, plant, sow, or mow without your honors’ special order and consent upon our lords superiors’ lands located at Vreedlant, recently named by them Westchester, or upon any other other lands located within the limits agreed upon at Hardfort, on pain of suffering corporal punishment according to the circumstances of the case, if they do otherwise.

Having read and further deliberated the foregoing charge or complaint of the fiscal, as plaintiff and preserver of the peace, against the imprisoned Englishmen, recently taken from Vreedlant, named Westchester by them, together with the humble remonstrance of the women, hereto attached, f all of which, considering the dangers of the time and the inconvenience of the winter, we, the director general and councilors of New Netherland, for these and other important reasons, have resolved that after the imprisoned Englishmen promise under oath, signed by their own hands, to depart from the lands of Vreedlant and out of this jurisdiction within or in about the time of six weeks with their possessions and livestock, and never to return to these places without our special consent, which having been sworn and signed with their usual signatures, the fiscal is hereby authorized and ordered to release these Englishmen from their imprisonment, against whom he, as preserver of the peace, has no other complaint than those previously stated, after incurred expenses have been satisfied, at the discretion of impartial men, and this shall be his sufficient warrant. Concerning the fugitives or other criminals, as well as those who refused to comply and adhere to the aforesaid promises, to arrest the same, pursuant to yesterday’s resolution, and to proceed against them according to law. Thus done in our session held at Fort Amsterdam in New Netherland. Ady ut supra. Was signed: P. Stuyvesant, Nicasius de Sille, La Montagne."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 269-71 (Syracuse, NY:  Syracuse University Press, 1995).

March 16, 1656 "Petition of Thomas Wheeler and other settlers of

Westchester submitting themselves to the government of New

Netherland and asking certain privileges", in Dutch.  Source:

"Petition of Thomas Wheeler and other settlers of Westchester

submitting themselves to the government of New Netherland

and asking certain privileges", New York State Archives (visited

Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.  Translation

Appears Below.

"[6:335] 

[PETITION OF THOMAS WHEELER FOR PERMISSION TO SETTLE AT WESTCHESTER UNDER THE GOVERNMENT OF NEW NETHERLAND] 

Honored Sir with the Rest of your honoured Court the Governour and Court to the New Netherlands: 

May you be pleased to take in to your Consideration the humble Request of your pore and humbell petisinors that wheras it doth appeare that you make claim to the plase where we ware to bee the writ of the hye and myghtie states of the Netherlands wee whose names are underwritten are willing to submit our selves unto the gouerment of the said Netherlands soe long as we Continow within theyr jurisdiction provided that wee may injoy our Liberties in chusing our ofisors for the administration of such Lawes as may be maid for the good of our tounship which wee now inhabit as alsoe we may have our armes Restored according to your promise which were taken from us: whereby we may be abell to attend our selves from such as may unjustlie a salt us and to make such Lawes and orders as my be for the particular good and welfare of the said place not being Repugnant to the Generali Lawes and to distribut our landes unto the inhabitans none admitted according to first proposition as Lyckewyse to Reseue [receive] such inhabatans as may be comfortabell to us in particklar and the good of the generall as for [far] as we are able to judge. March 16: 56

Thomas [His Mark] Neuman 
Thomas Wheeler 
Robbert Basset 
Isayh Gillbert 
John Roes 
Robert Roes 
John Broundish 
Edwart Waters
Samuell Baret 
William Ward
Eermod Caniff
Nicklis Hill
William [His Mark] Benfull
John [His Mark] Yennet
Robert [His Mark] Meaker
Obodiah Gilbert"

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, pp. 274-75 (Syracuse, NY:  Syracuse University Press, 1995).

March 16, 1656 "Grant to Thomas Wheeler and other settlers to reside

at Vreedland", in Dutch.  Source:  "Grant to Thomas Wheeler and other

settlers to reside at Vreedland", New York State Archives (visited Apr. 22,

2018).  NOTE:  Click on Image to Enlarge.  Translation Appears Below. 

"[6:336] 

[ORDER ON THE FOREGOING PETITION] 

[The director] general [and council of New Netherland having] seen and further considered the foregoing petition, grant to the petitioners that, upon taking an oath of allegiance as good [subjects] of this province, they may remain and live at the place called Vreedlant on such conditions and [patents] as other free people in the villages of Middelborch, [Breukelen], Midwout, and Amesfoort enjoy; likewise, they shall have the right of nominating a double number of officers and magistrates for the better governing of the aforesaid village of Vreedlant, whose selection and confirmation is reserved to the director general and councilors (in conformity with the general orders). Thus done in our session held at Fort Amsterdam in New Netherland. Ady ut supra, the 15th of March 1656. (Was signed:) P. Stuyvesant, Nicasius de Sille, La Montagne, Comelis van Tienhoven."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, p. 275 (Syracuse, NY:  Syracuse University Press, 1995).

March 25, 1656 "Order for the discharge of capt. Richard Panton

and 4 other Englishmen of Vreedland (Westchester)", in Dutch.

Source:  "Order for the discharge of capt. Richard Panton and 4 other

Englishmen of Vreedland (Westchester)", New York State Archives

(visited Apr. 22, 2018).  NOTE:  Click on Image to Enlarge.  Translation

Appears Below.

"[6:338a] 

[ORDER ON THE DISCHARGE OF SEVERAL MEN FROM WESTCHESTER] 

The director general and [council of New Netherland have read the answers given] in the interrogatories of the lord fiscal Comelis van Tienhoven by [Capt. Richard] Panton, Willem Elit, Black March[and, Jan Gray, and] Rogier Wheales, all Englishmen, detained for having taken up arms at Vreedlant against the lord director general and accompanying troops on the [left blank], and having received and heard the report of the commissioners who were authorized to attend the interrogation, the director general and councilors have resolved, considering that the same laid down their weapons on the promise of good treatment, not regarding their previous misdemeanors in consideration of the same, to discharge the aforesaid prisoners from their detention and to order the same to depart from the jurisdiction of New Netherland, or unless some of the inhabitants of the villages will post bond for them and assure their good behavior. Thus done in our session held at Fort Amsterdam in New Netherland. Ady ut supra."

Source:  Gehring, Charles T., Trans. & Ed., Council Minutes 1655-1656, p. 277 (Syracuse, NY:  Syracuse University Press, 1995).

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