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.
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"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
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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).
Labels: 1685, boundary, Boundary Dispute, Bronx River, Frederick Philipse, John Pell, Manor of Pelham, Manor of Philipsburg, Thomas Pell
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