Historic Pelham Blog Archive
October 24, 2006

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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". Many of the papers relating to the dispute that formed the basis of that lawsuit were published in 1910 as part of the "Minutes of the Executive Council of the Province of New York Administration of Francis Lovelace 1668 - 1673 Volume II". The papers are fascinating for a host of reasons.

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.

The dispute seems to have simmered, however. In September, 1671, John Pell arranged the issuance of a Special Warrant demanding that three men affiliated with John Richbell (including one described as Richbell's "servant") appear before the Court of Assizes to answer trespass charges. Pell claimed that the men harvested hay from the same meadow that had been the center of the dispute between Thomas Pell and John Richbell before Thomas Pell's death. John Richbell stepped forward and took over the defense of the three men.

The papers are fascinating. They recount Richbell's acquisition of lands including the area in dispute from Native Americans in the 1660s. Significantly for students of Pelham history, close inspection of the materials shows that Richbell joined with a man named John "Ffinch" (also referenced as "Finch") to acquired the lands from Native Americans including one named "Cakoe"

These same two individuals likely are the "John Ffinch" and the Native American "Cockho" who signed Thomas Pell's "treaty" by which he acquired the lands that became the Manor of Pelham on June 27, 1654. Click here to see the treaty and a transcription of its terms.

Francis Lovelace, Governor of the Province of New York, 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".

Below is a transcription of the entire text of the collection of records that reflect this dispute.

"No. LXVII.

WESTCHESTER -- JOHN PELL or JOHN RICHBELL ABOUT BOUNDARY AND TRESPASS.

-----

Deeds 2:128 (Sec. State)
[n.d.]
-----
Recorded 1666 June 6

Recorded for Mr John Richbell, the 6th day of June 166, this Indyan Deed.

I Wompoqueum, together with my Brother Mahatahan, being the right owners of three Necks of Land, lying and being Bounded on ye East side with Mamaroneck River, and on ye west side, with the Stony River, which parts the said Land, and Mr Pells Purchase; Now These are to Certify, to all and every one whom it may concerne, That I wompoqueum, did for my selfe, and in the behalfe of my above said Brother, Mahatahan, firmly Bargaine & Sell to Mr John Richbell of Oyster Bay, 1 to him and his Heires forever, the above mentioned three Necks of Land, together with all other Priviledges there unto belonging, Six weekes before I sold it to Mr Tho: Revell, And did marke out the Bounds, and gave Mr Richbell possession of the said Land, and did receive part of my pay then in hand, as Wittnesse my hand

The Marke X of Wompoqueum.

Witnesse
Jacob Yongh
Catharin Yongh.

1 Richbell was a merchant at Charlestown, Mass., before he came to Oyster Bay, and Revell came from the Barbados. Richbell bought Horse Neck on September 5, 1660, and conveyed it to Nathaniel Silvester, of Shelter Island, and others, on October 18, 1666. He and his wife, Ann, also conveyed to Silvester, and others, their dwelling house, gardens and other lands (altogether twenty acres) at Cove Neck, in Oyster Bay, on November 17, 1666. For documents on his relations with Oyster Bay, see Deeds, vol. 2, pp. 11, 12, 15, 102-112, 224-232; ibid, vol. 3, pp. 93-99, 119-126, 148; Court of Assizes, vol. 2, pp. 7-14. On his controversy with Revell, see also Orders, Warrants, Letters, vol. 2, pp. 48, 66.

[Page 647 / Page 648]

Deeds 2:192 (Sec. State)
1661 Sept. 23
-----
Recorded 1666/7 Mar. 13

[Indian Deed to John Richbell]

Mar: 13th 1666

Recorded for Mr Richbell.

Mammaranock, ye 23d Sept r 1661.

I. 1 Know all Men by these pres ts That I Wappaquewam Right Owner & Proprietor of part of this Land, doe by Order of my brother who is another Proprietor, &c by consent of the other Indyans doe this day, sell, lett & make over from mee my heyres & assignes for euer, unto John richbell of Oyster bay his heyres assignes for euer three Necks of Land, The Eastermost is called Mammaranock Neck, & the westermost is bounded with Mr Pells purchase: Therefore know all Men whom these presents concerne that I Wappaquewam, doe this day alienate & estrange from mee, my heires & assignes for euer unto John Richbell his heyres & assignes for euer, these three necks of Land with all the Meadowes Riuers Islands thereunto belonging, Also the sd Richbell or his Assignes may freely feed Cattle or cutt Timber twenty miles Northward from the marked Trees of the Necks; ffor & in considacon the sd Richbell is to giue or deliuer unto the aforenamed Wappaquewam the Goods here under mentioned, the one halfe about a moneth after the date hereof, & the other halfe the next Spring following, As the Interpreters can testify; & for the true performance hereof, I wappaquewam doe acknowledge to haue rec d two shirts & ten shillings in wampom, the day & date aboue-written.

Twenty two Coates.
one hundred fathom of Wampom.

1 The six numbers attached to documents in this group simply show sequence in the manuscript volume. They are printed here in chronological order.

[Page 648 / Page 649]

Deeds 2: 192 (Sec. State)

1661 Sept. 23
-----
Recorded 1666/7 Mar. 13

Twelue shirts.
Ten paire of Stockings.
Twenty hands of Powder.
Twelue barrs of Lead.
Two firelockes.
ffifteen Hoes.
ffifteene Hatchets.
Three Kettles.

Deeds 2: 193 (Sec. State)
1661 Dec. 20
-----
Recorded 1666/7 Mar. 13

The Deposition of John Finch & Edward Griffen both of Oyster bay.

2. These Deponents testify & affirme, That they being there employed by mr John Richbell for to Interpret betwixt the said mr Richbell & the Indyans (mentioned in this writing annex't) about the purchase of three Necks of Land, The said Deponents doe both of them affirme, that this herein written was a true and reall bargaine, made the day aboues d betwixt the said Mr John Richbell & the said Indyans, & the Condicions thereof.

Taken before mee John Hickes.

Hempsteed this 20th of December. 1661.

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

5. The sd Deponents vpon Oath testifye, mr John Richbell Merchant of Oyster bay, did buy of Wappaquewam a certaine Tract of land lyeing westward of the River called Mammaranock Riuer & bounded by Land purchased by mr

[Page 649 / Page 650]

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

Thomas Pell of the Indyans, The said Wappaquewam being entrusted by his brother Mathetuson formerly called Mohey (as the said Wappaquewam & Mathetuson did enforme) to sell all his propriety in the sd Land & himselfe with Edwa Griffin accompanied the said John Richbell, unto ye sd Indian Wappaquewam to buy the sd Lands, which accordingly hee did, & payd unto the sd Wappaquewam in part of payment for the purchase of the said Lands, Two shirts & ten shillings in wampom, and agreed upon Time for the payment of the residue according to a writing made at Momoronock River, bearing date 23d of Sept. 1661, & on that day the said Richbell tooke possession of the sd Lands.

In & upon the 7th day of March 1661. The sd John Richbell employed them the sd Deponents & one Jacob Young a Sweed (which are Indian Interpret rs) to goe with him to the Indyans to talke wth them, Hee the sd Richbell hearing a Report that ye sd Indian Wampaquewam had afterwards sold the sd lands to mr Revell, & in our voyage to speake wth Wappaquewam wee met with his brother Mathetuson alias Mohey aforesd, who did full maifest unto us that hee (according to his brothers Informacon) did employ & giue power to his brother Wappaquewam to sell his propriety of Land to mr Richbell, whom Wappaquewam enformed him would buy it of him, & withall did relate to vs severall of the particulars that the said John Richbell by agreement was to pay for the sd Lands: Moreouer the sd Mathetuson seemed to bee much disturbed in his Mind, That any Contract was made with any other for ye said lands, hee affirming that hee knew not that any other then John Richbell had made any contract about it, untill hee came downe to the Sea Coast, wherefore mr John Richbell did tell the sd Mathetuson that hee was now come to settle & plant the same, And the said Mathetuson did giue him free

[Page 650 / Page 651]

Deeds 2: 196 (Sec. State)
1661/2 Mar. 11
-----
Recorded 1666/7 Mar. 13

liberty to the same, onely desiring Mr Richbell that hee might bee payd for it, & not to loose his pay for a Neck & halfe of Land, which hee was yet unpaid for:

To the former part were deposed John ffinch & Edward Griffin the 11th of ye 1st Moneth 61/62

Before mee
Richard Lawes.

Deeds 2:194 (Sec. State)
1661/2 Mar. 12
----
Recorded 1666/7 Mar. 13

The Deposicon of Peter Disbroe of Monussing Island aetatis suae 30th

3. The sd deponent upon Oath Testifieth, that Mr Richbell &c, went to Mr Reuell (then on the Island aforesd) & warned Mr Revell not to buy the Land beyond Mammaranock Riuer of the Indyans, for that (hee said) hee had bought it already: At that time Wappaquewam came to my house Mr Richbell and John ffinch being there also, the said Wappaquewam said hee was the Owner of the Land, & did in my hearing owne that hee had sold the land to mr Richbell, but the other Indyans ouer persuaded him to sell it to Mr Reuell, because hee would give a great deale more; The said Wappaquewam did also owne that hee had recd part of pay for the Land, of mr Richbell & John ffinch: This to my best understanding was ye Indyans speech unto them; Also at the same time the said Indyan Wampaquewam did verbally offer unto Mr Richbell the pay that hee had recd

[Page 651 / Page 652]

Deeds 2: 194 (Sec. State)
1661/2 Mar. 12
-----
Recorded 1666/7 Mar. 13

in part for the sd Land, But mr Richbell refused saying hee would not receiue it, but according to bargaine hee would haue the land & pay him (the sd Indyan) his pay: Moreover the said deponent saith that Mr Revell being at his house (before the former discourse) that hee the said deponent did tell Mr Reuell that the Land was agreed for by John Finch, & some part of the pay paid. This deposed unto the 12th of 1 M 61/62

Before vs
Richard Laws
Francis Bell.

Deeds 2: 195 (Sec. State)
1662 Apr. 5
-----
Recorded 1666/7
Mar. 13

The deposicon of William Joanes of Monussing Island about 22 yeares of age.

4. The sd Deponent upon Oath testifieth, That Thomas Close & himselfe being mates, the said Close having beene at Oyster bay, upon his returne to Monussinge aforesd did tell him that when hee was at Oyster bay, That John ffinch & Henry Disbroe of Oyster bay did tell him, that John ffinch & mr Richbell had agreed to purchase the land at Mammaranock Riuer, & desired him not to discouer what hee had told them, for that hee had promised them to keepe silence, & if it should bee knowne that he had told him (the said Joanes) hee should then bee counted a Traytor, this was about September 1661: Severall moneths after mr Richbell & John ffinch & Edward Griffin being at Mammaranock Riuer, & they waiting for the Indyans coming to them to receive that part of the pay for the land as was agreed then to bee paid, & mr Richbell had then by him; They wanting bread sent for some to the Island Monussing, wherefore the sd Deponent

[Page 652 / Page 653]

Deeds 2: 195 (Sec. State)
1662 Apr. 5
-----
Recorded 1666/7 Mar. 13

went & carryed them some: When to the land hee came, mr Richbell had there sett up a Shedd to shelter from the weather, & tooke possession there, staying for ye Indians to receiue the pay as was promised, Mr. Revell being then at Monussing, & hearing that Mr Reuell came to buy the land, did tell mr Richbell what hee had heard: Wherefore mr Richbell & John ffinch & my selfe came to Monussing, mr Richbell saying that hee would purposely foe to forewarne Mr Reuell not to buy the land, being hee had already agreed for the same: When to Monussing they came, there was some of the Indyans that had sold ye land viz t Cakoe [NOTE: This like was the Native American whose mark appeared next to the name "Cockho" on Thomas Pell's "treaty" dated June 27, 1654] & wappaquewam, who would haue secretly gone away (as they judged) but that john ffinch spyeing of them, called them againe, saying to them, are you ashamed of what you are doeing; Then at peter Disbroes house the said Cakoe & Wappaquewam did tender to mr Richbell & John ffinch the pay againe which they had recd in part of payment for the Land, but they refused, John ffinch & mr Richbell saying to them that they would stand to ye bargain that they had made: The said Wappaquewam did there fully owne that hee had sold the Land to mr Richbell & John Finch: Stamford Apr 5th 1662. given before mee

Rich: Lawes.

The originall was Interlin'd before deposed (unto) in the 28th line, (And Mr Richbell) In the 13th line (Monussing).

Deeds 2: 198 (Sec. State)
1665 Apr. 4
-----
Recorded 1666/7 Mar. 13

The Testimony of Jonathan Lockwood being aged 30. yeares or thereabout.

6. Saith, I being at peter Disbroes, & mr Thomas Reuell being there present, I heard mr Revell say hee was buying

[Page 653 / Page 654]

Deeds 2: 198 (Sec. State)
1665 Apr. 4
-----
Recorded 1666/7 Mar. 13

a parcell of Land of the Indyans of the West side of Mammaranock River to mr Pells land & I wish't him not to medle with it, for it was already bought by mr Richbell, & I was a wittnesse to it, I see a part of the moneys payd for it by mr Richbell, Mr Revell made this answer to mee, that howsoever hee would buy it, & Mr Richbell & hee would try for it afterwards: ffarther this Deponent saith not.

Given in upon Oath before mee, Stamford Apr. 4th 1665

Rich: Lawes.

Taken out of the Records & compared there with this 23d of August 1665

P me John Allyn Recorder.

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

[John Richbell's Patent at Mamaroneck.] 1

Francis Lovelace Esq r Whereas there is a Certain parcell or tract of Land within this Gover[n]ment upon the Main Contained in three Necks of which the Eastermost is bounded with a Small river commonly Called Mamaroneck river being also the East bounds or limits of this Gover[n]ment upon the Maine & the westermost with the Gravelly or Stony brook or river which makes the East Limitts of the Land Known by the Name of Mr Pells purchase haveing to the South the Sound and running northward from the Marked trees upon the Said Necks twenty Miles into the woods which Said parcell or Tract of Lan hath been heretofore Lawfully purchased of the Indian proprietors by John Richbell of Mamaroneck Gent in whose possession Now it is and his title thereto Sufficiently proved both at Several Courts of Sessions as also at the General Court of assizes Now for a Confirmation unto him the said John Richbell in

1 On the confirmation see also Deeds, vol. 4, p. 27.

[Page 654 / Page 655]

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

his possession & Injoyment of the premises know ye that by vertue of the Commission and Authority unto me Given by his royal Highness I have Given Ratified & Confirmed & Granted and by these presents do give ratifie Confirm and Grant unto the Said John Richbell his heirs and assigns all the aforementioned parcell or tract of land as aforesaid Together with all woods beaches Marshes pastures Creeks Waters lakes fishing Hawking hunting and fowling and all other profits Commodities and Emoluments to the Land parcell or Tract of Land belonging Annexed & appertaining with their & Every of their appurtenances and of Every part & parcell thereof and in regard of the distance of the plantations already Settled or to be Settled upon the said necks of land from any Town the persons inhabiting or that Shall Inhabit thereupon Shall have a petty Constable Chosen amongst themselves yearly for the preservation of the peace & Dicision of Small differences under the value of fourty Shillings and they Shall be Excused from all Common attendance at Trainings or other ordinary duties at Westchester But in Matters of assessment & Publick rates they are to be Taxed by the officers of that Town to the which they properly belong being the nearest unto them To have and to hold the Said parcell and tract of Land in the Said three Neecks Contained and premises with all and Singular the priveledges & appurtenances to the Said John Richbell his heirs and assigns to the proper use and behoof of the Said John Richbell his heirs & assigns forever as free land of Inheritance rendring and paying as a quit rent yearly and Every year the value of Eight bushels of Winter Wheat unto his royal highness and his heirs or to Such Governour or Governours as Shall from time to time be appointed & Sett over them Given Under My hand & Seal

Land Papers 1: 33 (Sec. State)
1668 Oct. 16

at ffort James in Newyork on Manathans Island the Sixteenth day of October in the twentieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland ffrance & Ireland King Defender of the faith &c Annoq Domin[i] 1668

Francis Lovelace

Recorded by order of the Governour the Day and year above written

Endorsed: Copy of John Richbells Patent from Governour Lovelace
17 [sic] Octr 1668

C. A. 2: 204 (NYSL)
1669 Sept. 13

A speciall warr t for hearing at ye Assizes 1

Whereas John Richbell of Momoronock hath made complaint unto me That you Thomas Pell of Anne Hooks neck Doe unjustly detaine & keep from him a certaine parcell of meadowe Ground lyeing & being near unto or upon one of ye three necks of Land at Momoronock, And he ye said John Richbell hauing Peticoned me That the Title & clayme on each parte may be heard & determyned at ye Assizes, These are in his Ma ties name to require you to appeare at this next Gen rll Court of Assizes to be held in this Citty beginning on ye first wednesday in ye month of October next, Then & there to make Answer to ye Complaint of ye said John Richbell, upon ye Tryall of your Title to ye said meadowe Hereof you are not to fayle at your perill, Given und r my hand & seal at ffort James in Newe Yorke this 13th day

1 For an order of same date, see Orders, Warrants, Letters, vol. 2, p. 534; also an earlier reference to the dispute in ibid, p. 334 (February 17, 1668/9).

C. A. 2: 204 (NYSL)
1669 Sept. 13

of September in ye 21th yeare of his Ma ties Raigne Annoq Domini 1669.

[Francis Lovelace.]

To Mr. Thomas Pell at Anne Hooks neck or elsewhere.

G. E. 4: 39 (NYSL)
1671 Sept. 22

A Speciall Warr t for Jeremy Cannon, ais Dorman, James Mott, Roger Pedley to appear at ye Assizes to answer Mr Pell in a Case of Trespas.

Whereas Mr John Pell of ye Mannor of Anne-Hooks Neck hath made Complaint unto mee that Jeremy Cannons ais Dorman, James Mott, Roger Pedley, & James [blank] a Serv t belonging to Mr John Richbell of Momoronock, have together or apart at severall times comitted a Great Trespass, in carrying away severall parcells of Hay made up in Stack upon his Land, & there being one Stack of Hay lately burnt upon ye said Land, of wch there is great suspition one or more of the persons aforemenconed are guilty; These are in his Ma ties Name to require ye said Jeremy Cannon ais Dorman, James Mott, Roger Pedley and James [blank] Mr Richbells Servant as aforesaid, That they make their Appearance at ye next Gen ll Court of Assizes to be held in this City beginning on ye first Wednesday in October next, wch will be on ye fourth day of ye said Month, then and there to make Answer to ye Complaint of Mr John Pell in ye Matters aforesaid, & that they forbeare ye giveing ye said Mr Pell any Molestacon by carrying away any more Hay from ye said Land untill ye difference between him & Mr Richbell about their Title be decided. Hereof Thy nor any of them are not to faile as they will Answer the Contrary at their Perills. Given under my Hand & Seale at Forte James in New Yorke

G. E. 4: 39 (NYSL)
1671 Sept. 22

this 22th day of September in ye 23d yeare of his Maties Reigne, Annoq Dni 1671.

Fran: Lovelace

To Jacob Young of Ann-Hooks Neck, or any orther person whom Mr Pell shall Employ upon this Occasion to see this Speciall Warrant served, & returne made thereof at ye Assizes.

G.E. 4: 59 (NYSL)
1671 Oct. 21

Commission rs appointed to View ye Bounds in difference between Mr Pell, & Mr Richbell

Whereas It was ordered at ye late Gen rll Court of Assizes, That some persons of good Judgmt should bee appointed to view ye Bounds in difference between Mr John Pell, & Mr John Richbell, wch divide Anne-Hooks Neck and Momoronock, of ye wch They are to make Reporte unto mee, To ye end a Conclusion or Composure may be made about that Matter, These are to desire and Authorize you Capt Dudley Lovelace, Capt Jaques Cortelijau, Mr Elyas Doughty, Capt Richard Ponton, & Mr John Quinby who are ye Persons that then were appointed by ye Court, that you some time this pr sent week, at a pr fixt day to be agreed upon amongs yo r selves, repaire upon ye place, & there by yor view & Enquiry of persons acquainted with those Bounds, receive ye best Informacon you can, & make Reporte thereof, with your Judgmt thereupon unto mee; ffor ye doeing of wch This shall be your Warrant. Given under my Hand at fforte James in New Yorke this 21th day of October. 1671.

ffra: Lovelace

To ye Com ers appointed by ye Court of Assizes.

[Page 658 / Page 659]

G.E. 4: 88 (NYSL)
1671/2 Jan. 16

An Ord r about Mr Pell & Mr Richbell.

Whereas an Ordr issued forth at ye Last Gen rll Court of Assizes, concerning a Mattr in difference between Mr John Pell, & Mr John Richbell on behalfe of some others who were Sued as Trespassers, whose Cause Mr Richbell undertooke to Defend, They being employed by him, And according to ye said Ordr Commission rs haveing mett, & been upon the place, & made Reporte of y er Judgm ts, but noe Conclusion or Agreem t of ye Difference hath yet been attained unto, Soe that Suite is made to have a Tryall of their Title at a Speciall Court of Assizes, as was Ordered at ye Court aforemenconed. In Prosecucon of ye said Ord r of Assizes, since all wayes of an amicable Composure have proved fruitless, I have thought fitt to Ord r & Appoint That Tuesday ye 6th day of ffebruary next shall bee the Day of Meeting of ye said Co rs to heare & Determine ye Matter in Difference between ye said Persons at the State-House in this City. In ye meane time they may on both sides prepare themselves for a Tryall. Given under my Hand at fforte James &c: this 16th day of Jan ry. 1671.

[Francis Lovelace.]

G.E. 4: 91 (NYSL)
1671/2 Jan. 18

An Ordr about Mr Pell, & Mr Richbell.

Whereas an Ordr issued forth at ye Last Gen rll Court of Assizes concerning a Matter in difference between Mr John Pell, & Mr John Richbell on behalfe of some others who was sued as Trespassers, whose Cause Mr Richbell undertooke to Defend, both of them laying Clayme to ye same piece of Land, whereupon Complaint was made that Trespasse had been committed, And according to ye said Order Comission rs haveing mett, & been upon ye Place, but noe

[Page 659 / Page 660]

G. E. 4: 91 (NYSL)
1671/2 Jan. 18

Conclusion or Agreem t was made by them, nor amongst themselves, soe that they sue to have a Tryall at a Speciall Court of Assize as was ordered at the Court aforemenconed; In prosecution of ye said order of Assizes, and at ye Request of the Partyes, I have thought fitt by Consent to Order and appoint That Thursday the first day of ffebruary next shall bee the Day of Meeting of ye said Court to heare and determine the Matter in difference between ye said Persons at ye State-house in this City; In ye meane time They may on both sides prepare themselves for a Tryall by a Jury or the Bench. Given under my Hand at fforte James in New Yorke this 18th day of January. 1671.

[Francis Lovelace.]

A Sub-poena was then sent forth to Summon Mr Robert Pennoyer of Momoronock, & Mr John Archer of ffordham to given in their Evidence at ye said Court, concerning the difference between Mr Pell, & Mr Richbell. &c.

G. E. 4: 92 (NYSL)
1671/2 Jan. 18

Another Ord r about ye difference betwixt Mr Pell & Mr Richbell.

The Reporte of ye Commission rs appointed by ye Co rt of Assizes to View the Bounds in difference between Mr John Richbell & Mr John Pells Land haveing been delivered unto mee Sealed up, & now opened and read before mee & my Councell, Vpon perusall Consideracon had hereupon, I finde that two of the Commission rs have made Reporte, That between ye two Brooks in Dispute called Stoney & Gravelly Brooks there is a Tree markt on ye East side with J. R. & on the West with T. P. from the which if there were a Line runn directly downe to the Sound, it would divide ye Meadow in difference in the middle, & putt and End to ye Matter in question, but neither of the other three Com-

[Page 660 / Page 661]

G. E. 4: 92 (NYSL)
1671/2 Jan. 18

mission rs agree amongst themselves as to their Opinions of the Bounds. Wherefore in regard that I am very desireous an amicable Composure of this Difference may bee made between both partyes, I doe recommend the Reporte of the two Commission rs to bee Observed as a Medium to end all Differences. However if either Party shall not seem satisfyed therewith, They have still Liberty to proceed to a Tryall before a Speciall Court according to ye Order of ye Last Gen rll Court of Assizes. Of their Resolucons hereupon a speedy Answer is expected, That Order may bee taken accordingly. Given under my Hand at Forte James in New Yorke this 18th day of January. 1671.

[Francis Lovelace.]

G. E. 4: 95 (NYSL)
1671/2

Another Ord r about Mr Pell & Mr Richbell made after their Agreem t or Composure.

Whereas there is an Amicable Composure made of ye difference between Mr John Richbell & Mr John Pell concerning the Neck of Land lyeing between Stoney & Gravelly Brooke to the Eastward of Anne-Hooks Necks, ye wch is agreed upon to bee divided equally between them, both Meadow & Vpland, quantity & quality alike, wch Agreem t I very well approve of; These are to require you that some time the next week or wth your first Convenience you repaire hither, where you shall receive farther Directions concerning the laying out the said Neck of Land, soe to putt a finall End & Determinacon to that Dispute, of wch at yo r Returne you are to render mee an Acc t & for soe doeing this shall bee yo r Warrant. Given &c: this 25th day of January 1671.

[Francis Lovelace.]

To Capt Jaques Cortelijau
Surveyor Gen rll"

Source: Paltsits, Victor Hugo, ed., Minutes of the Executive Council of the Province of New York Administration of Francis Lovelace 1668-1673 Volume II Collateral and Illustrative Documents XX - XCVIII, pp. 647-61 (Albany, NY: State of New York, 1910).

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