The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 40

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 40

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The farms, or "planters' lots," as they were then called, were also 40 in number, and were laid out in triangular form, with the apex resting upon the village, and the boundary-lines diverging therefrom like the radii of a circle. This plan would thus enable each man to go from his house within the village-defences to his farm, with least trouble and exposure to himself, and without trespassing upon his neighbor. Several town-farms have retained to the present time this peculiarity of outline.

From the fact that the village was divided into 40 sections, and that 40 farms radiated therefrom, we have naturally inferred that there were 40 patentees. If this be so, one of them, very early in the history of the town, must have dropped out of the original number, either by death or removal ; or, as tradition has it, forfeiting by his profligate life all his right, title and interest, in the property allotted him. This would seem to be more than mere conjecture; for, in all subsequent divisions of lands lying beyond the home- farms, there were 39 sections in each division, and only 39 names as including all the patentees.

By reference to the old map above mentioned, we are able to locate precisely the land allotted to Lady Moody, which has been to some, of late, a matter of doubt and inquiry. In the original allotment of land to the patentees, a majority of them were granted what were called "plantation lots," as we have seen; but to Lady Moody a "Bowery," or farm. On the map this " Bowery " is located north-east of the town- square, embracing the land belonging to the late Judge Barent Johnson, and possibly a part of the present Prospect Park Fair Grounds. But her land must have extended west of the village also, probably by subse- quent purchase, although this is not indicated upon the map. We so judge, from the fact that Robert Pen- noyer's land, as we have already seen in considering his patent, is therein described as lying "between the land of Antony Jansen and Meladie Moody," which could not be true except upon the above supposition. The late TUNIS G. BERGEN, in his Early Settlers of Kings County, thinks it probable that her land in- cluded the farm of the late Ex-Mayor Smith, of Brooklyr, together with the farms of Jacobus Lake and Corr lius D. Stryker, all west of the village. If this be true, her "Bowery " covered a large area of what is now most valuable property. But whatever property these Gravesend settlers possessed, whether much or little, they held with a clear title from its original owners.

Indian Purchases .- Gravesend, at the time of its settlement, was, like the rest of Kings county, the property of the Canarsie Indians ; and, from them, at . different times, all the land within the present town- boundaries was fairly purchased. The earliest of these purchases is recorded m a deed (one of the few town- documents written in Dutch), on file in the Gravesend town-clerk's office, dated September 10, 1645, three months before the issue of Governor Kieft's patent. There are two other Indian deeds, dated in 1650 and 1654, being both for land on the present Coney Island (see chapter on Coney Island). In 1684, in view of the frequent changes of government, and preparatory to a confirmatory charter which they proposed to obtain from Governor Dongan, the people of Gravesend forti- fied their Indian title by the following conveyance, the original of which is still among the Gravesend records:

"Know all men whome these presents may anywayes concerne, that we, Crackewasco, Arrenopeah, Mamekto, Annenges, the right and true proprietors of a certain parcel of land commonly called by the Indians Makeopaca, begin- ning at the most eastward end of the beach called by the Indians Moeung, bounded on the westmost side by the land heretofore purchased from Chippahig, and on the eastward side by the creek commonly called the Strome Kill, and soe along from the head of said creek, through the middle of the meadow and valley, till they come to a white-oak tree standing by the Flatland wagon path and soe running to another white oak tree standing by Utrecht wagon path, and soe upon a direct line to the Flatbush fence, and upon the west side bounded by the field of Utrecht, Doe hereby acknowledge and declare, that, for and in consideration of one blanket, one gun, one kettle, to have sold, assigned and made over all our right, title, interest and claim, to the said parcel of land, from us, our heirs, executors, administrators and assigns forever unto the freeholders and inhabitants of Gravesend in Kings County, their heirs, executors, adminis- trates and assigns forever, for them the said inhabitants to have, hold, possess and enjoy the same as their own free land of inheritance or otherwise to dispose of as to them shall seem meet without any molestation from us or any other. Witness our hands the 20th of the 5th month, called his hls his July, 1684. Cake N wasco, Areun X- apoech, Arma O nat, mark

his

mark his his mark

mark Mus V kheok, witnessed by us Pense u mend, Wope 7 sa, mark mark his his

Jack \ kahna, Slip C amore, Wer O ransobling, John mark mark

Tilton, Senior, Samuel Spicer, Barent Juriansen, Joachim Guylerk. Recorded by me John Emans, Clercke.

This fair and honorable dealing won for the settlers the respect and friendship of their Indian neighbors, with whom at first they maintained most pleasant and familiar relations. But familiarity bred contempt, and the savages finally began to demand, as their right, what had previously been granted as a matter of kindness or policy. Little resentments arose on both sides, and so it happened that private and personal wrongs were committed by both parties, paving the way for the open and bitter hostilities which soon followed. Undoubt- edly, the ill-advised policy of Director Kieft tended (as

163

DIVISION OF GRAVESEND LANDS.

was openly charged against him at the time), to preeip- itate upon the colony the Indian war which broke out in 1643-44, and resulted in great distress and destruc- tion of life and property.

Upon the Gravesend people, then in the first year of their settlement, and but illy prepared for such attacks, this new danger fell with great force. But they stoutly defended their village against several very sud- den and fieree attaeks. During these perilous times, every settler was compelled, by town ordinance, to share in building and keeping in repair the palisades, which surrounded the town-square and formed its de- fence. Each man was also obliged to keep, constantly on hand, one gun, and a eertain quantity of powder and lead, in order to be prepared for any sudden emer- gency. During the year above mentioned, the Indian raids upon the town were unusually frequent and se- vere, and the inhabitants were kept in constant fear. The house of Lady Moody, aeeording to Gov. Win- throp, seems to have been the principal point of at- taek; perhaps, because it was the largest and most conspicuous, and better fitted than the rest for a eom- mon rallying-point.

On one occasion her house was bravely defended by forty men (probably the whole number of able-bodied men in the settlement), some of whom had the reputa- tion of being expert Indian-fighters. At another time the inhabitants, greatly outnumbered by the Indians, were compelled to flee to Amersfort (Flatlands), where they remained till the danger was passed. It is proba- ble that, at this time, the town had not been put in a proper condition of defenee, for want of time to build their palisade-fortifieations. During this year, how- ever, a treaty of peace was made with Pennowits, the crafty chief of the Canarsies (See THOMPSON's Hist. Long Island), ending, for a time at least, all open hos- tilities between the settlers and the Indians upon Long Island.

It is probable that the dangers and anxieties of this first year led Lady Moody to think seriously of re- turning to Massachusetts; for there is extant a letter from Deputy-Gov. John Endicott to Gov. Winthrop, dated "Salem, 22 of the 2d month, 1644," referring to a request which she had made for permission to return, and strongly urging the Governor to refuse her unless she would confess her previous error, and leave her opinions behind her.

After this time we hear of but little disturbanee from the Indians till the year 1655, when occurred probably the fiercest attack from the Northern Indians which the town had yet sustained. Dr. STRONG's History of Flatbush says:

"In 1655, a large body of Indians from the north, follow- ing the course of the Hudson river to the south, left death and desolation in their track along the Jersey shore, then crossed over to Staten Island, and here killed sixty-seven white set- tlers, beside destroying much property; they then crossed

the Narrows, and made a fierce attack upon Gravesend. The inhabitants were unable to drive away the invading foe, but bravely stood their ground until relieved by a detach- ment of soldiers sent from Fort Amsterdam."

So far as we know, this was the end of all the Indian troubles in which the people of Gravesend were con- cerned.

Division of Lands .- As we have already seen, an allotment of land was made to each of the patentecs, and those who were associated with them. In each grant of land made, we find in the early records an entry like the following : "To Thomas Cornish was granted a planter's lott with all the privileges thereunto appertaining." These were undoubtedly the lots radi- ating from the village-center, to which referenee has already been made. We have no data for determining the precise area of a " planter's lott;" but, from the con- dition of things at this early period, we infer that it contained only a few aeres at most. It happened in some cases, however, that a larger tract of land, or " bouwery," came into the possession of certain individ- nals by special grant, as in the case of Lady Moody, for what reason we are not told.

The grant for a Bowery contained 30 aeres of upland, with more or less meadow, according to their need of pasturage. The following town-record is in point : Sept. 27, 1646. " It was agreed by the town that for such as should have Boweries, should have fifteen mor- gen of upland with meadow proportionable to their stoeks." This meadow-land was also made inseparable from the farm, for, at the same meeting, "It was then agreed upon that none of the said inhabitants should dispose or sell awaye his meadow from his lott, but that it should remain entire to it."

Whatever the number of acres originally allotted to each settler, their possessions did not remain the same for any length of time. Farms and town-lots rapidly exehanged hands. The town-records, for the first fifty years, are largely taken up with the transfer of real- estate, either by purchase or exchange. After a few years, as we ean readily see, the amount of land which each one individually possessed was large or small, as his enterprise or nceessities led him to buy or sell. In every subsequent sale of land, however, the town reserved the first right to purchase; "but if the town would not buye it, then said inhabitant had leave to sell to any one unless he was notoriously deteeted for a sean- dalous person, or a publicke disturber of the common peace."

In order to seeure permanent and useful eitizens, rather than mere adventurous speculators, at a town- meeting held Sept. 7, 1646,

"It was then and there ordered and agreed uppon by ye major parte of ye said Inhabitants that in case they did not build a habitable house by the last of Maye next, which will be in ye year 1647-that the said inhabitant that should be defaulted therein should forfeitt his lott to ye town."

In 1647 the meadow-land, probably that undivided

164

HISTORY OF KINGS COUNTY.

portion lying between the village and Coney Island, was divided and assigned, so that every man might know his own ; and Sergeant Hubbard was appointed to do the work at the expense of the town.

In the year 1657 another division of land was agreed upon. One thousand acres, supposed to be that lying adjacent to the town-lots, were divided, according to the record, among thirty-eight families. The north- quarter, as it was called, was divided into 12-acre lots, and the west-quarter into 20-acre lots. The eastern part of the town, then and since known as the " Neck," was at this time called also "the general corn-field." This seems to have been, as its name indicates, the com- mon property of the town, where, under certain restric- tions, each inhabitant was at liberty to choose and cul- tivate such a number of acres as he could properly manage. Ten or twelve years later this land was also divided, and either sold or given to the inhabitants. The land on the south side of the present highway lead- ing to " Gerretsen's Mill " was divided into thirty-nine 12-acre lots, and some of them remain to-day as they were originally laid out. The land on the north side of the highway was divided into the same number of lots, but containing probably a larger number of acres. This division was made in 1668-9, as seen from an old map, dated 1674.

The north part of the town, then thickly wooded, as were other portions of it at the time of its settlement, was called the "North Woods." This was also di- vided in 1684, and distribution made to the inhabi- tants.

Within forty years of its settlement, therefore, the most valuable part of the town was thus disposed of.

Town Organization .- In 1646 the inhabitants availed themselves of the privilege granted by their patent "to erect a body politique and civil combina- tion," and to "elect, nominate and choose three of the ablest, approved honest men," who should act as justi- ees in the town-court, when confirmed by the Gov- ernor-General. The three men first elected and so confirmed were Lieut. George Baxter, Edward Brown

Gro Saxtax

Facsimile of George Baxter's Signature, and William Wilkins. Sergeant James Hubbard was

Facsimile of James Hubbard's Signature.

chosen schout or constable, and John Tilton, "town-

clark," with a salary of one gilder (40 cts.) from every inhabitant of the town.

okon fulton DearR?

Facsimile of John Tilton's Signature.

Jan. 9, 1651, a town-order was made regulating the manner in which the magistrates should be chosen, thus: the town was to choose the first man, and he was to choose the second; these two a third, and so on un- til six had been chosen. The first three chosen were to act as magistrates for one year; the second three as- sisting in court when necessity required. The next year, the second three were to act officially and the first three to assist; and so they were to alternate. All were to be approved by the town, and confirmed by the Governor.

The Board were empowered to fill all vacancies oc- easioned by the death or inability of any of its num- ber.

· Town-meetings were, at first, held monthly, at some private house, as evidenced by the following town- order, "May 3d, 1652, voted to hold regular town- meetings the last Saturday of every month at ye house of James Hubbard at 12 o'clock, M., and ye drum to beat one hour before ye time." Also, it was voted to choose at every meeting a person who should act as "speaker for their more orderly proceedings, peace and credit." Fines were imposed upon those who were absent from these meetings, without sufficient excuse. After the purchase of a school-house in 1728, it was probably used for this purpose.

The first record of a town-meeting is dated in the year 1646. From that time the records are regularly and carefully kept. Public meetings, in case of emer- gency, were assembled by the beating of the drum, and general gatherings for town-work by the blowing of a horn.

In those days it was deemed to be not only the privilege, but the duty of every man to be present at these public gatherings, and have a voice in the man agement of town-affairs. Hence, in 1656, a man was chosen to warn the inhabitants of all general and pri- vate meetings of the town; and those failing to appear, without good excuse for their absence, were liable to a fine of 5 gilders for each offence. At the same meet- ing it was agreed that six men present at any meeting should form a quorum for the transaction of all town- business.

In 1646 the town "allotted to each man ye juste pportion of fence every man was to maintain for his peculiar lott, which is 20 poles."

Peremptory measures were sometimes necessary to prevent the careless from neglecting this part of their public duty. So, in the following spring, when one

165

EARLY TEMPERANCE LAWS.

Applegate failed to put up his fence according to law, the town voted "to hyer a man to doo it and paye him, and Applegate to answer to ye town."

In 1652 three men were chosen as "fence-viewers," who were to go their rounds once every fortnight, and compel all owners of land to keep their fences in or- der, under a penalty of 5 gilders. In 1674 the penalty was fixed at 20 gilders.

In 1646 a public pound was made, and 2 stivers (4 cts.) were allowed for pounding cattle or swine.

In 1649 it was ordered, by town-vote, "yt every man shall provide himself of a ladder of 20 foot or above by New Yeare's day nexte," under penalty of two gilders and 10 stivers per week while in default. It was also ordered, at the same meeting, that each man should provide himself with arms within two months, and also one pound of powder and two pounds of lead " to lye in Bancke."

The following vote was also passed: that "ye pasture att ye end of ye lotts shall be for ye use of any of ye inhabitants for a calf or cow yt is sick, or for a horse in case a stranger comes to ye town." In the last clause of this enactment we find the evidence of that warm-hearted Dutch hospitality, for which their de- scendants are still noted.

The fines collected for violation of law were at first put into the "common or poor stock " of the town; but in 1652 it was voted that the fines should be used in defraying the common charges, or town-expenses.

A Bureau of Vital Statistics was established in 1650. The record is as follows: "It was also agreed unto that all burials and marriages and for all yt shall be borne, notice should be taken thereof and recorded."

For the first half century of the town's existence marriages were performed by a magistrate; but those intending marriage, whether by a Justice or minister, were obliged to have the banns published from the ·nearest church, as prescribed by law. A marriage is recorded with the following endorsement, dated 1689:

" A certificate of ye minister at Flatbush. Isaac Hassel- berg and Elizabeth Baylis have had their proclamation in our church as commonly our manner and custom is, and no opposition or hindrance come against them, so as that they may be confirmed in ye banns of matrimony, whereto we wish them blessing.

MITTWOUT, ye 17 March 1689. RUDOLPH VARRICK, Minister."

In accordance with the above permission, they were married in Gravesend by Justice Nicholas Stillwell.

In 1664, Dec. 31, Sergeant James Hubbard was married, by a magistrate, to Elizabeth Baylis. This was his second marriage. At the same time, as justice, he united in marriage James Bowne and Mary Stout.

The following are the first entries under the new law. " Aug. ye 2d. Peter Simson was by publick au- thority married." " Aug. ye 11. The sonn of William Wilkins was borne, and Aug. 18, he was buried."

" Sept. 9. Thomas Cornwell deceased and was buried." His widow seems to have been speedily consoled, how- ever, for the very next record, and bearing the same date as the above, is as follows. "Sept. 9, 1650. John Morris and Elizabeth Cornwell, widow of Thomas, were married."

Cattle and Fences .- All horses and colts turned into the common pasture at Coney Island were, by law, marked, and a description of them kept on the town-records.

In 1675 three men were chosen, by the town, to go to the "fllys " (marshes) about the 2d hour, and see if any beasts were mired, and if so, help them out. If any beast should die through their neglect, they were to pay the damage; and if any man should be warned to go and help these men and should refuse, he was to be fined 5 shillings and pay all damage resulting from his neglect.

Early Temperance Laws .- The liquor traffic oc- cupied the attention of the people considerably at a very early date. A license law was passed regulating its salc to the white population, and a stringent prohi- bitory law preventing its sale to the Indians. The lat- ter is as follows:

"April 16, 1656. Att an assemblie of ye Inhabitants uppon a lawful warning given, it was inacted, ordered and agreed uppon that hee, she or they whatsoever, that should tapp, draw out, sell or lett any Indian or Indians in this corpora- tion have any brandie, wine, strong liquor or strong drink, should, if so foctd, paye the summ of fifty gilders, and for the next default one hundred gilders, according to the law of the country."

The law also provided that not more than one pint should be sold, at one time, to the whites.

Before the Town Court, Oct. 8, 1663, "Richard Stout declareth that Nathaniel Brittain hath slandered him that he hath sould wine to the Indians. The said Nathaniel denyeth it, but said that the Indians told his wife that they had bought wine of Stout." The Court, however, ordered Nathaniel to pay the cost of prosecu- tion.

Prosecutions were not uncommon under these laws, not only before the Town Court, but also before the Court of Sessions. Ambrose London was before the Town Court, charged with selling more than a pint of wine at once. The defence was the same weak plea that men so often make now to satisfy their conscience and justify their violation of law, viz .: that people would have it, and if he did not furnish it some one else would; but the Court fined him to the full extent of the law. Being afterward tried and found guilty of selling liquor by false measure, he was again heavily fined.

Sunday Laws .- On the 7th of Oct., 1666, "Thomas Whitlock and John Griggs were presented before the Town Court for buying and selling land on the first day of the weck. John Griggs said he did not remember such a covenant. The Court, however, ordered that

166

HISTORY OF KINGS COUNTY.

the bargain be declared void, and each be fined 15 shil- lings and cost of Court."

The records furnish another law equally decisive upon this point.

" Whereas there is a prohibition express by an order from the Governor of all such exercises upon ye first day of ye week as gunning, ball-playing, horse-racing, nine-pins, ex- cessive drinking and ryotting with other ye like which greatly tends to ye dishonor of God, ye hindrance of many from and in religious duties to ye reproach of ye Government and ye shame of ye place, for ye preventing whereof the offi- cers of this town according to their dutye have given due notice that what person soever shall in the like transgress, shall pay 10 shillings and answer it before the Governor. This act proclaimed the 13 of 8 month 1675."

Sundry Orders and Contracts .- The town at this early period seems to have suffered much from the depredations of wolves. This part of the island, being in some portions thickly wooded, furnished, for a time, a secure lair for these wild beasts, from which they could make their nightly raids upon the unprotected flock and fowls of the settlers.

To encourage their extermination, therefore, the town, in 1657, ordered a bounty of 5 gilders to be given for every wolf killed within the town corpora- tion. This extra inducement, added to the self-interest of each individual, led to such a determined effort against the common enemy as greatly hield them in check, and in duc time caused their entire disappear- ance.

The woods, to which we have referred as covering a large area of the town, were at first common property, and at the disposal of any one who might be at the pains to cut fire-wood or timber therefrom. And to protect every man in this right, a town-order was made about this time, laying a fine of 20 gilders upon any one who should take for himself the wood or timber which another had cut. There must have been some dishonest men, even in those days, to make such a law necessary.

Houses of the Olden Time .- It may be inter- esting to know the style of house which afforded shelter and protection to the early settlers. If the fol- lowing is a fair specimen, it will not strike us as being too elaborate or expensive, even for that early day. Here is the contract for a dwelling, as entered by the town-clerk upon his record :

" Ambrose London bargained and agreed with Michah Jure for his building him a house by the middle of June nexte, and to paye the said Michah 40 gilders for it-at the time he begins a skipple of Indian corne, at the raising of it 10 guilders, and at ye finishing of it ye rest of the said summ. Ye house to be made 22 foote long, 12 foote wide, 8 foote stoode with a petition in ye middle, and a chimney, to laye booth rooms with joice, to cover ye roof, and make up both gable ends with clabboards, as also to make two win- dows and a door."

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 40

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n Publication date: 1884 Publisher: New York : W. W. Munsell & Co. Number of Pages: 1114

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114