USA > New York > Queens County > Newtown > The annals of Newtown, in Queens County, New York; containing its history from its first settlement, together with many interesting facts concerning the adjacent towns; > Part 8
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Amid their honest toil the husbandmen of Newtown were not exempt from the common discouragements and afflictions incident to our nature. This fall the families about the Eng- lish Kills were visited by a distressing sickness, which is supposed to have been fever and ague. A pond of stagnant water was suspected as a principal cause, and the attention of the town court being directed to it, the following order was issued on October 2d :- " Whereas there hath been com- plaint made to this court against John Scudder, Sen. by several of the inhabitants, for making a dam, which hath, and still doth stop the passage of the water, at or near to Fowler's Bridge or run, which is a great annoyance, and it is conceived a great cause of so much sickness among them ; the court doth there- fore order that the said John Scudder shall forthwith cut the said dam, whereby the said water may have free passage
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through it ; under the penalty of five pounds sterling." This pond long retained the name of S_uduer's Pond, and obtained notoriety in connection with the boundary quarrel between Newtown and Bushwick. It eventually went in possession of the Schenks, who owned a grist-mill there, only the ruins of which now remain.
As the season lad again arrived for activity in the woods, to ply the ringing axe, cut fuel, make clearings, erect fences, and prepare for the approaching seed-time, the inhabitants were led to adopt, during the winter of 1668-9, several measures for the encouragement of labor. It was resolved that any in- habitant might take up and cultivate any of the common land in the woods for five years, provided he would then sow it with hay-seed, and throw it in common again. Liberty was given the inhabitants to fell timber for their use in any of the unfenced lands ; but to prevent an abuse of this privilege they were prohibited from carting such wood or timber to the water side, "for strangers of another town," under a penalty of ten shillings per load. To offer an inducement for some persons to undertake the clearing of Juniper Swamp, it was agreed that any inhabitant might take and clear land there to the ex- tent of thirty rods wide through the breadth of the swamp, and it should be his own. It was moreover resolved that all the common meadow belonging to the town should be equally laid out to the several purchasers, reserving, however, forty acres of Trains Meadow "for poor men which have no mea- dow." The liberty of cutting timber or fuel on the common land, to sell, was afterwards confined to such only as should plant "two acres of corn." And in 1676, it was found necessary for the preservation of the timber, to enact that none of it except firewood should be transported out of the town.
Although agriculture was at this period the leading em- ployment of the inhabitants, yet they in most instances united with it some useful mechanical branch. That was an age when necessity largely developed social and domestic resources ; when the well-regulated farm contained within its own bounds the elements of a comfortable subsistence, and every neighbor- hood formed an independent community. But yet due encour- agement was given to honest craftsmen to settle among them. Such were gratuitously supplied with land for cultivation, and
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received the usual privileges of citizens, though there was not unfrequently annexed this or a similar provision : "that he do work for the town's people as cheap as we can have it of other workmen."1 The benefit of attracting into their society skill- ful mechanics and men of useful professions, seems to have been duly appreciated, and such persons were preferred to any other. Hence, in 1674, when it was found expedient to with- hold the giving of any more land to strangers "till all the inhabitants have their proportions," this saving clause was made in their vote, "except it be to some useful tradesmen."
Newtown was still destitute of a minister. During the summer of 1668 effort had been made to obtain some "able orthodox dominie " from New England, and the people declared themselves willing to provide "a comfortable maintenance, with other conveniencies." But this proving ineffectual, atten- tion was again directed to the Rev. William Leverich, and it was resolved, on Dec. 2d, of the last named year, to invite him to become their pastor, in case he was not under other engage- ments. At the desire of the town, several of the leading citi- zens, in conjunction with the constable and overseers, drew up and submitted proposals to Mr. Leverich, which he accepted. Preparatory to his removal to Newtown he purchased the residence of Jonathan Hazard, near that village, April 13th, 1669. Several days after he disposed of his estate in Hunt- ington, and soon entered upon his new charge, in connection with which he was destined to end his ministerial labors.
This year was marked by a revival of the dispute between Newtown and Bushwick, respecting the meadows at Mespat Kills. The latter town, not content with the decision passed at Hempstead, had obtained a patent from Gov. Nicoll, Oct. 25th, 1667, covering a large part of the meadows in contro- versy, together with some twelve hundred acres of upland within the Newtown patent. Newtown then resumed its origi- nal claim ; measures were taken to allot all the unappropriated meadow land in the township, and on March 11th, 1668, all the public interest in Smith's Island, derived "either by pur-
1 These were the terms accompanying a gift of land in 1679, to Francis Combs, a cooper. He died in 1700, and his two sons, Francis and Thomas, afterwards removed to Hopewell, N. Jersey. His daughter Elizabeth mar- ried Robert Blackwell, an uncle of Col. Jacob Blackwell, of the Revolution.
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chase or patent," was given unto James Way and John Hart. These proceedings stirred up the ire of Bushwick, and at the opening of the court of sessions, at Gravesend, March 17th, 1669, the inhabitants entered a complaint, and petitioned for a settlement of their title. But that body declined to act, upon the ground that one of its members, Capt. Betts, was interested, and referred it to the governor, should the parties, whom the court earnestly advised to conclude among themselves a friendly agreement, fail of affecting that object.
Meanwhile, to relieve the uncertainty of the dwellers on the disputed lands, who knew not in which township to regard themselves, the governor, in May, directed that Hendrick Smith, and others, residing there, should "attend the general training, and other military duties," in Bushwick, because "the military company of Newtown will be of a competent number without them, and those of Bushwick being far inferior in number."
No agreement taking place, the parties, pursuant to an order from the governor, presented their cause for trial before the council of the province, on the 28th of June, when Capt. Richard Betts, Capt. Thomas Lawrence and John Burroughes, appeared on behalf of Newtown. The counsel employed by Bushwick founded their claim on the order issued by Governor Stuyvesant, directing that Bushwick have the meadows "if not formally granted to others," and on the decision given in their favor at Hempstead. In defence, Newtown plead their Indian purchase, and its confirmation by Gov. Nicoll, to which were added the depositions of Robert Jackson and Richard Gildersleeve, Jr. that the meadow in dispute "was laid out a long while since for Newtown, before Bushwick was a town." Robert Coe, and Richard Gildersleeve, Sen. former magistrates of Newtown, also testified that they laid out the said meadow for Newtown, by virtue of an order received from Gov. Stuy- vesant. The evidence strongly favored the claim of Newtown, but the council, apparently unable to determine the question, referred it to the court of assize.
In preparation for the further prosecution of this affair, Capt. James Hubbard, of Gravesend, was employed to make a survey of the disputed bounds, the draft of which is still pre- served, and purports to be a "description of Mispath Kills,
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soe farre as to point out ye setuation of ye place, for som ffar- ther information of two houses formerly inhabited, ye one by Hance ye Boore 'wch were Hance Hansonn, ye other called ye Poles house." The latter stood on or near the spot now occupied by the dwelling of Underhill Covert, and is presumed to have been the "ancient Dutch house" mentioned in the Hempstead decision.
The subject came up for trial at the assizes, the supreme court of the colony, on Nov. 4th. Bushwick, the plaintiff, based her claim, as before, upon Stuyvesant's order, and the decision at Hempstead. In behalf of the defence, Mr. Robert Coe, the high sheriff, deposed that the meadow was laid out for Newtown, and that they paid rates for it with their other land; and Richard Gildersleeve, Sen. testified that he, with Mr. Coe, aforesaid, had an order from Gov. Stuyvesant, to lay out the meadow in dispute for Newtown, and that his son paid part of the purchase thereof from the Indians. After a full hearing of the parties, the right of Newtown being plead by their own townsman, John Holden, the case was submitted to a jury of twelve, who gave in their decision in favor of the plaintiffs, the defendants to sustain the costs of suit; and the court con- firmed the verdict.
While these things were pending, the English towns were awaking to a sense of the great injustice which they were suf- fering, in being debarred the privileges of a representative government. In September, 1669, a convention was held at Jamaica, at which Lieut. John Ketcham attended on behalf of Newtown. The result was the presentation of petitions by the several English towns to the court of assize, the burden of which was their exclusion from a share in public legislation in the persons of their representatives. But nothing satisfactory resulted from this effort, though a few trifling concessions were made, which had the effect of soothing the public mind for the time being.
At this period, the ill condition as well as the limited number of the public roads in the vicinity of the Dutch and English Kills, subjected the farmers to serious inconvenience. In pursuance of their petition, the town court, on March 8th, 1670, appointed Mr. Burger, Mr. Wandell, John Parcell, and Capt. Lawrence, to superintend the laying out of convenient
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highways at the several kills, to be cleared by the last of this instant, March. They were moreover directed to observe that all fences be kept in good repair, and "to take care of all ways and fences to the poor's bowery, and Peter Cornelius his mill." 1 The court of sessions, which met in June following, directed the immediate execution of this order, and a report to be rendered.
At this time there was " a ferriage at Mespat Kills, for the accommodation of strangers." It was kept by Humphrey Clay, of Bushwick. The creek was crossed above by a bridge on the old highway leading from Brooklyn to Newtown, and both the road and the bridge being sadly out of repair, causing not only inconvenience, but danger to life and limb, the sub- ject engaged the attention of the same court of sessions, who issued the following order :
" Upon complaint of Ralph Warner and divers others, concerning the insufficiency of a certain bridge by the Cripple- bush in the usual road betwixt Newtown and the Ferry, whereby great misfortunes have happened to several passen- gers, the court have thought fit and ordered that the constables and overseers of the several towns of Newtown, Brooklyn, and Bushwick, do appoint two persons out of each of their towns to view the said bridge; and the town within whose bounds it shall be found to be, is forthwith to cause it to be repaired fit for travellers to go over without further danger : and it is likewise ordered that the inhabitants of the respective towns aforementioned, do cause the roadway betwixt Newtown and Brooklyn to be cleared; their several new fences having blocked up the usual old way, which causes many inhabitants, as well as strangers, to lose themselves in the woods."
While attention was thus directed to the temporal comfort and prosperity of the people, their moral and religious im- provement was hindered, the town being destitute of a suitable house for public worship. The Rev. Mr. Leverich was strait-
1 This mill stood on the site of that now of Mr. Jackson, and had been recently erected by the ancestor of the Luyster family, Pieter Cornelissen Luyster, who bought the ground upon which it stood, from the deacons of the Dutch church, at New-York, and obtained the governor's confirmation July 15th, 1668. He however sold the premises " by publique outcrye," in New-York city, June 11th, 1670, to Capt. Thomas Delavall.
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ened in his labors, and seems to have meditated a removal, for the people having met on Dec. 13th, to consider the state of their religious affairs, "voted that Mr. William Leverich shall continue at this town to preach the word and be our minister," and also appointed persons, with the constable and overseers, to " agree with Mr. Leverich for his maintenance." They further resolved, "that a rate of forty pounds shall be made, for the building a meeting-house, the one-half to be paid in corn, the other half in cattle." Arrangements were forth- with entered into for the erection of the first church edifice that graced the village of Newtown, which enterprize was among the chief concerns of 1671. It was built upon " a small gore of land," appropriated for the purpose, by Ralph Hunt,1 a respectable resident of the town; and this church remained for about forty years, the site being now occupied by the large house at the south corner of the main street and the Ja- maica road, formerly known as the "Corner House," and re- cently owned by Peter Duryea.
I Ralph Hunt was a useful citizen, as the records abundantly prove. He served long as a town surveyor, and as an overseer ; and during the reoccu- pation by the Dutch, held the office of schepen, or magistrate. He died early in 1677, leaving sons Ralph, Edward, John, and Samuel, and daughters Ann and Mary-the former then the wife of Theophilus Phillips. Of the sons, Ralph and Samuel settled in Jamaica. John was a magistrate in Newtown for some years, and left a son Ralph, and perhaps others. Edward became a man of estate, and died in Newtown in 1716, having five sons, and as many daughters-to wit: Edward, born February 4th, 1684; Richard, Ralph, Tho- mas, Jonathan, Sarah, Martha, Elizabeth, Hannah, and Abigail. The two sons last named continued in Newtown, but Edward and Richard settled in Hunterdon county, New Jersey. Of some one branch of this family, early transferred from Long Island to New Jersey, was Oliver Hunt, the grand- father of Col. George W. Hunt, of White Pot.
CHAPTER V.
Newtown requests Gov. Lovelace to ordain arbiters between them and Bushwick .-
Referred to the Sessions .- It affects nothing .- The governor appoints arbitra- tors .- They render a decision which is confirmed .- The boundary .- Newtown demands pay for their land as the terms of compliance .- War between England and Holland .- New-York recaptured by the Dutch .- Newtown makes obei- sance to the States General .- Magistrates chosen .- Inhabitants reluctantly swear allegiance .- The return of peace ends the Dutch rule .- English govern- ment restored .- Andross' proclamation sent to Newtown .- Mr. Burroughes, the town clerk, replies to it .- His letter gives offence .- The governor institutes an inquiry about it .- A town meeting .- Burronghes writes another letter .- Court of Sessions report on the affair .- Burroughes arraigned before the Council .- A harsh sentence inflicted upon him .- Appearance of a new sect of Quakers at the English Kills .- Their irregularities .- A complaint against them, and verdict. -Thomas Case and two others brought before the Sessions .- Discharged under bonds to appear at the Assizes .- Mrs. Case interrupts the congregation at New- town while engaged in worship .- The Quakers tried at the Assizes .- Another excitement .- Fear of hostilities from the Indians .- The church enclosed with palisades, and other precautions taken .- The cause of apprehension ceases .- A public Packer chosen .- Thomas Case goes down the Island preaching .- Is arrested, and imprisoned in New-York .- Death of Rev. Mr. Leverich. Steps taken to build a parsonage house, and to procure a minister .- Trains Meadow and others divided .- Land appropriated for a parsonage farm .- Rev. Morgan Jones engaged to preach .- Finds difficulty in collecting his salary .- He re- moves to Staten Island .- A change in the mode of sustaining the ministry .- Sundry occurrences .- A census taken. 1671 to 1683.
The boundary question was still in agitation between Bush- wick and Newtown, and the latter town, anxious to have their limits permanently fixed, presented a request to the governor and council to appoint some indifferent persons to view and lay out the bounds between them and their neighbors of Bush- wick. The council referred the case to the court of sessions, before which the parties in dispute had a hearing in Dec. 1671. It resulted in the appointment of Capt. James Hubbard, Mr. Richard Cornell, Capt. Elbert Elbertsz Stoothoff,1 and Capt.
1 Capt. Elbert Elbertsz Stoothoff emigrated in 1637 from Nieukerken, settled at Flatlands, and there lived till the beginning of the next century. He was long a justice of the peace, and held other Ironorable offices. He was twice married, first, in 1645, to Aeltie Cornelis, widow of Gerrit Wol- fertse Van Couwenhoven ; and secondly, in 1683, to Sara Roelofse. He was the common ancestor of all those among us now bearing the name of Stoothoff.
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Jacques Cortelyou, to visit and review the lands in dispute and "endeavour a composure betwixt them." It was now hoped that parties would agree, but the summer of 1672 found them still at variance. They were willing to make some con- cession, and again the inhabitants laid several applications before the governor, who thereupon issued his commission, June 26th, to the gentlemen nominated by the court of ses- sions, and with them Thomas Delavall, Esq., and Mr. Matthias Nicoll, two members of the council, to take a careful observa- tion of the premises, advise with the respective parties, and do their utmost to effect a conciliation. Those gentlemen (Elias Doughty, Esq. of Flushing, acting instead of Mr. Cornell,) immediately entered on their commission. Authorized depu- tations from the respective towns met them on the premises, and at length an agreement was effected. Bushwick conceded Smith's Island, and Newtown yielded the large tract of upland to the southward, mentioned in Bushwick patent. The com- missioners reported this gratifying result to Gov. Lovelace on the 28th of June, and his excellency was pleased to confirm the proceeding, as follows :- " All the valley or meadow ground on the westernmost side of the creek of Mespat Kills, shall be and belong to the inhabitants of Boswyck, that is to say, from the mouth of the said creek to run through and part the mea- dow ground or valley about the middle, so to go on in the western branch of the said creek, to a certain pond into which the creek runs, called Scudder's Pond, near whereunto the fence of Hendrick Barent Smith now stands, and that Smith's Island, commonly so called, and all the valley or meadow ground on the east side of the creek adjoining or contiguous to the said island, shall be and remain to the inhabitants of Mespat Kills or Newtown, although expressly mentioned in the patent of Boswyck, for that it seems more properly to be within the limits of Newtown; in consideration whereof, and in lieu of six hundred rod, mentioned in their patent, to run into the woods upon a south-east and by south line, as also for an enlargement of their bounds as to the upland, of which they have occasion, the inhabitants of Boswyck shall have and enjoy all the land whether upland or other, beginning from the fence aforementioned, near Scudder's Pond, to run upon a south south-cast line till it comes to the hills; that is to say,
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all the land in the western side thereof, including the planta- tion, both upland and meadow ground, belonging to the said Hendrick Barent Smith, within the limits of their said town, or so much thereof as shall be within the line aforesaid, and that the said Hendrick be a member of said town."
When the result became known to the people of Newtown, no little dissatisfaction was expressed at the terms of the com- promise. A meeting was held on the 23d of August, and a deputation appointed to wait upon the governor, and inform him that unless Bushwick should satisfy them for the expense incurred in the purchase of the land ceded to them by the committee, they were unwilling to yield it, but intended to hold possession "according as it was confirmed by Governor Nicoll."
Early in the succeeding year, 1673, the startling news was received that England and Holland were again involved in a war. Orders arrived to Gov. Lovelace to put the pro- vince in a state of defence, but so inefficient were the means made use of to fortify the city of New-York, that a Dutch squadron under Commodores Binckes and Evertsen, returning from a predatory visit to the West Indies, entered the harbor, and on July 30th captured the place with very little opposi- tion. Most suddenly and unexpectedly the inhabitants found themselves under their old masters. Capt. Anthony Colve was appointed governor by the naval commanders, and imme- diately began to reinstate the Dutch government. He issued his proclamation to the several towns to come and make their submission to the States General.
Newtown prepared to obey the order, and deputed Lieut. John Ketcham and John Burroughes, who on the 22d of August, new style, presented themselves before "the lords, commanders, and the noble military council," in the fort at New-York, bearing with them the English colors, and a constable's staff, in token of their submission, and at the same time petitioning for the uninterrupted enjoyment of their priv- ileges. In answer they were assured that they should be allowed the same immunities as were granted the inhabitants and subjects of the Dutch nation. They were directed to no- tify their town of " Middelburg " to nominate six persons, from whom the honorable court should select three for magistrates,
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and also to appoint two deputies to unite with others of " Rust- dorp, Heemstede, Vlissingen, and Oyster Bay," in the presenta- tion of three nominees for the office of scout, or sheriff, and three for that of secretary, which two latter officers were to have authority over these five named towns, now to be united in one jurisdiction for the better subserving of the ends of justice. The town complied with this order on August 24th. The candidates for the magistracy were Gershom Moore, Rich- ard Betts, Jonathan Hazard, John Ketcham,1 Ralph Hunt, and John Burroughes, of whom the court, on the 31st, confirmed Messrs. Betts, Hazard and Hunt, who were sworn into office on the 6th of September.
In the meantime, Capt. William Knift, and some others, had been despatched to the towns and villages to administer the oath of allegiance to the inhabitants. On the last day of August, they came to Newtown, which at that time numbered ninety-nine adult male residents, but only twenty-three could be found, the rest being absent. The former accepted the oath with due formality, while their names were written down by Capt. Knift's elerk. Directions were left with the magis- trates to administer it to the rest of the inhabitants, and forty- eight more were sworn on the 13th of September. Four Qua- kers scrupled to take the oath, but promised fealty. These were Samuel Scudder, John Way, John Scudder, Jun. and Nathaniel Pettit.
Written instructions were soon after received from the new governor, for the guidance of the magistrates in the future go- vernment of the town, though in some minor concerns at least the people continued to dispense their affairs according to the
: 1 Lieut. John Ketcham was the progenitor of a considerable family, now extinct in Newtown, but to be found in other places. He first appears at Ipswich, Mass. in 1648, but removed a few years after to Huntington, L. I., which town he represented in the Hempstead assembly, in 1665. Coming to Newtown in 1668, he was the next year elected constable, from which time he was much in public life and enjoyed a large share of popular confi- dence. He bought the purchase right of Edward Jessup in the Newtown lands, and owned the farms now of Geo. I. Rapelye and Benj. Moore, near Newtown village. He died in 1697. His sons were John, who con- tinued at Huntington; Philip, who remained in Newtown, and left issue; Lient. Samuel, who also left a family in this town; Nathaniel, who removed to Westchester county; and Joseph, who settled at Christiana, in Delaware !
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