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 41

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 41

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This man, London, was rather a speeulator, and soon disposed of this house, and made another contract for

a larger and still more commodious one ; the contract price for building it being $44.00. John Hawcs was the builder, and his contract was to build "1 house framed uppon sills of 26 foote long, and 16 foote broad and 10 foote stoode, with 2 chimneys in ye mid- dle and 2 doors and two windows, and to clabboard only ye roof and dobe the rest parte." The price was 110 gilders, or instead, " one Dutch cow."

Household Furniture, etc .- But, if their houses were built more with reference to their comfort and actual necessities than for display, the same was true of their household furniture and personal effects, as will be seen from the following inventory of the cstate of John Buckman, deceased, dated in the year 1651, and signed by Lady Moody as one of the witnesses. Among a few other articles appear the following : "1 Kettle, 1 Frying pan, 1 Traye, 1 Jarre, 1 pair brecches, 1 Bonett, 1 Jackett, 1 Paile, 2 Shirts, 1 Tubbe, 1 Pair shoes, 2 pair ould stockings, 9 ould goats, money in chest, 32 gilders."

The Town Court .- This court (see p. 164) was established in 1646, by the election of three men, act- ing as justices, to hear and settle all complaints brought before them. It took cognizance of cases of slander, trespass, theft and debt ; and in all cases coming within their jurisdiction, where the damage did not excced 50 Holland gilders ($20), the decision of any two of the magistrates was final. But, in all cases where the damage was in excess of $20, an appeal could be taken from this to a higher court. At first the time and patience of the court was severely taxed, in being compelled to listen to complaints of the most trivial character, which obliged them to hold frequent and otherwise unnecessary sessions. To remedy this, and, so far as possible, relieve the court, in 1650, at a general town-meeting, "Itt was then and there agreed unto that a general Court should be held once or twice a year, and that ye town should make choice of two or three men to sitt with ye Court att these times and to adjudicate with them about such matters as maye con- cerne ye good of ye general and every one in particu- lar, and yt ye present pattent be read att these times to ye whole Inhabitants." It was also ordered, by public vote, that those found guilty of " slander, laying violent hands upon any to the breach of the peace, theft," &c., should be punished, "Either by fining, imprisoning, stocking or standing in a publick place." The latter became the common mode of pun- ishment for these offences. There are those still living among us who remember well the old stocks, which were placed near the town-hall, where prisoners con- victed of petty crimes were made a public show, and were hooted at and pelted by the boys of the neigh- borhood.

As already observed, the records of the town for the first fifty years were largely taken up with the transfer of real-estate; which may find explanation in the fact

167

THE TOWN COURT.

that breach of contract was, during all this time, a com- mon cause of complaint before the Court, and great trouble and annoyance was caused in settling these diffi- culties for the want of a written agreement; so that, in 1651, the court ordered " that for the future, all bar- gains and sales should be recorded by the town-clerk, or be in writing with sufficient witnesses, or the Court would give them no hearing."

Cases of theft were not entirely unknown, even in those days of primitive simplicity and honesty. Wc quote the following as a fair specimen of many of the grave complaints which taxed the wisdom and patience of the court.

Thomas Cornwell was plaintiff, and Ambrose London defendant, in an " action for taking awaye his henn and selling it. Order of ye Court was that ye said Ambrose Should restore again ye henn, which he promised to doe." But failing to comply with the order, in Jan., 1649, the court again ordered "that he should forth- with paye to the said Cornwell 3 gilders and 8 stivers with the Cost of Court."

The most common offence with which the court was called upon to deal was slander. So troubled was the court with cases of this character, which were brought without any just cause, or upon insufficient evidence, or, as the court expressed it, "caused by certain buise bodyes, persons insendiaries of mischief and trouble," that at length a fine of 50 gilders was ordered against any man who should bring such action without the nec- essary proof. Sometimes the punishment was made se- vere in aggravated cases, if the charge was proved. Again, satisfaction was rendered by the accused making a suitable acknowledgment of his wrong-doing, and apologizing therefor, with promise of future amend- ment. It would be unjust to suppose that the offenders formed any large portion of the little colony. The great majority were honest, thrifty, law-abiding citizens. We thus judge, because only a few names appear, and these repeatedly, as defendants in these actions. The severity of the punishment sometimes imposed may also be taken as a fair interpretation of the contempt with which the better portion of the community looked down upon these disturbances of the common weal. Judg- ment, too, was pronounced without respect of person; and female gossips received no better treatment at the hands of the law than their male companions. The fol- lowing are fair specimens of the many that fill the court record. In 1650 Nicholas Stillwell brought an action for slander against Thomas Applegate, for saying, " he thought if plaintiff's debts were paid he would have lit- tle left." As he had nothing to say to the charge, the court admonished him, and fined him 12 gilders and the cost of court.

The next year Sergeant Hubbard, in behalf of his wife, brings a similar charge against the same Apple- gate. Here it is :

"Defendant is charged with saying ye plaintif had

but half a wife. Being questioned by the court if he could disprove the fact, said, he never said it. Never- theless, the Court sentenced him to make publick ac- knowledgment of his error, and to stand at the publick poste during the pleasure of the Court, with a paper on his breast mentioning the reason: that he is a notorious scandalous person; whereupon, he again confessed his guilt, and desired her to pass it by, and remit it, which she frecly did, and he gave her thanks."

In the case of Ann Goulder, evidently an old offender, found guilty of slander, she was ordered " to stand in ye yrons half an hour, with a paper on her breast declaring her to be a publick disturber of ye peace, and if any further trouble from her, she to be put out of ye town."

Ambrosc London brought suit against the wife of Thomas Applegate, for saying "his wife did milk her cows. The Def't saith she said no otherwise, but as Penelope Prince tould her, yt Ambrose, his wife, did milk her cows. Penelope Prince being questioned, ac- knowledged her fault in soe speaking, and being sorrie for her words, she spoke satisfaction on both sides."

That it was a serious thing in those days to speak evil of those in authority, is evident from the following case:

Thomas Applegate, Sr., it appears, had brought a case before the Governor for adjudication. As the decision had been against him, he felt himself greatly wronged; and had, in his anger, said that undue influ- ence had been brought to bear upon his Excellency to effect this result. Consequently, at a court held Dec. 26th, 1650, he was charged with saying that the Gover- nor "took bribes." Although he positively denied the charge, "yett nevertheless the Court being sufficiently satisfied in their consciences according to the evidence yt ye said Applegate had spoken ye said words, the which being soe contrarie to all rules and laws divine and human, not to scandalize or to speak evil of any person much more of ruler and Gov. ye Court doe therefore adjudge ye said Applegate doe deserve to have his tongue bored through with a red hott yron and to make publick acknowledgement of his great transgression therein, and never to have credit in anye of belief in any testimonie or relation he shall make either in court or countrie, and for ye execution of ye said sentence doe refer him to ye mercy of ye Gover- nor."

When this sentence was publicly read, the said Ap- plegate confessed his guilt, and asked forgiveness of the Governor, and begged the court to intercede for him; at the same time expressing the hope that this would be a warning to him in the future. We have every reason to believe that through the repentance of the offender, and the kindly intercession of the court, the tongue of the slanderer escaped the judicial perfo- ration, and that the remainder of the sentence was also remitted.

The above examples from Town-Court records will

168

HISTORY OF KINGS COUNTY.

suffice to show with what judicial wisdom and severity the minor offences against law and order were treated over two hundred years ago, in proteeting the rights of our citizens and maintaining the public peace.

This brings us to the

Court of Sessions .- This court, in the year 1668, was moved from Flatbush to Gravesend, where it re- mained for seventeen years. The original eourt-house is said to have been built in 1668, and stood near the present Dutch ehureh.

We find this interesting record of the court while held at Gravesend :

" Whereas there hath been several misdemeanors commit- ted in contempt of authority in the town of Gravesend, by throwing down the stocks, pulling down fences, and such like crimes ; the court also find there was no watch in town which might have prevented it, and being the offenders can- not be discovered, it is ordered that the town stand fined in 5 pounds till they have made discovery of the offenders."

A wateh-house had been built about ten years before this, but the authorities had evidently become eareless about keeping suitable guard at night. It would be an excellent thing if our local authorities, now-a-days, could be made, in like manner, responsible for good govern- ment.

Then, in 1685, by aet of the Second Colonial Assem- bly, it was removed to Flatbush again; the latter place being considered the more eentral and convenient loca- tion for the transaction of county business. It remained here until its final removal to Brooklyn, where it is now held. The old record of the Court of Sessions, while it was held at Gravesend, may now be found in a fair state of preservation in the Register's office in the eity of Brooklyn. The first entry in the book is as follows :

" Att a Court of Sessions held att Gravesend the 17 day of March, By his Royal Highness' authority, in the 25 year of the Reign of our Sovereign Lord Charles the Second, by the grace of God, of Great Brittain, France and Ireland King-defender of the faith, &c., and in the year of our Lord God 1668-9."

" Present, CORNELIUS VAN RUYDER, JAMES HUBBARD, RICHARD LOTT,

Justices.

The record of every regular session of the court is begun in the same language as the above, changing only the date of its sitting, or the names of the presid- ing justiees.

It was customary in this eourt for the Secretary of the Colony, or a member of the Council, or the High Sheriff, if present, to sit with the justices and preside over their deliberations.

The following case, tried here before a jury, shows that they were unwilling to have justiee misearry through any technical defeet in the indictment, or to have any artful sehemer profit by another's ignoranee of the law :

"Samuel Dennis, Pl'tf. John Van Cleef, Def't .- The Plantif produced the Def'ts obligacion wherein hee was to

pay him severall parcells of corne in Nov. last. The Deft. owned it was his act and deed, but objected that the action was not legally entered, nor a declaration given in. Where- upon, it being left to the jury they brought in their verdict as followeth. That seeing the pl'tf is a stranger, and is un- acquainted with the laws so as to observe every circumstance which is proper for ourselves, but hath observed the end and substance of the law, though not every circumstance, that therefore hee have a present determination or hearing, seeing the law in folio the fourth, doth not make a negative excep- tion in this case."

" The Worshipl Court allow the verdict, and order present payment of the debt, with two pounds damage and costs of Court."

The following case shows a hospitable regard, on the part of the court, for the comfort and welfare of strangers :

" The Constable of Bushwick presented Heumphry Clay for Retayling of Liquor without a license, but the Court being Informed that hee keeps an inn att Marspath Hills for the accommodation of Strangers they have thought best to grant him a license and remit the fine."

We will mention but one other ease, worthy of note because of the peculiar punishment inflicted. We have been able to find no evidence of this ease in the records of the court, but find it stated in THOMPSON's History of Long Island. From the date given we think there must be some mistake as to the locality, but we give it as we find it. A soldier was eonvieted before the Court of Sessions in Gravesend for leaving his post while on guard, for the evident purpose of indulging his appetite for strong drink. He was condemned to sit upon a wooden horse during parade, with a piteher in one hand and a sword in the other, to signify that he loved his beer more than his duty, and that his courage was determined by the quantity consumed.

Quit-Rent .- The patent of Gov. Kieft exaeted from the settlers one-tenth of the revenue of the soil, as quit- rent, to be paid yearly to His Majesty. By the Dongan Patent of 1686 this yearly tax was commuted to six bushels of good merehantable winter-wheat, to be paid every 25th of March to some officer of the government duly appointed to receive it. This certainly was not an exorbitant demand for the favors the town had received; nor have we heard that complaint was ever made.

There are, among the old papers of the town, several receipts (the earliest dated 1776) for this quit-rent, given by the Receiver-General, or by his deputy, which show that the town continued to pay the six bushels of wheat as late, at least, as 1780.

After the Revolutionary war, and in the year 1786, the legislature passed an act providing that any indi- viduals or corporations in arrears for quit-rents, who should pay such arrearages, less eight years (the period of the war), and a sum equal to fourteen years addi- tional quit-rent, should receive a certificate from the treasurer of the State and be theneeforth forever ex- empted from the payment of any quit-rents. That

169

ASSESSORS-COUNTY TREASURERS-CENSUS.

Gravesend met its obligations fully is shown by the following :

"Patent granted to the inhabitants of Gravesend in Kings County date 10 Sept 1686. Quit rent six Bush Wheat pr ann

Paid up to 25 Mar 1775

From 25 March

1775

To 25 Dec

1786

11:9

BUS.

BUSH.

3:9

22J

6/-

£6.15

14 yrs Comut.

6/- 25. 4

£31.19

Rec'd 12 Dec. 1786 From Olibert Terhune Supervisor of Gravesend Public Securities Which with the Interest Allowed Thereon amount to Thirty one Pounds Nineteen Shillings In Full for the Arrears of Quit Rent and a Commutation of the future Quit Rents that would have asrisen on the Above Des- cribed Patent.

GERARD BANCKER, Treas'r.

Assessors and County Treasurer. Assessors are first mentioned in 1691. The next year a County Treasurer was chosen to look after the money thus eol- leeted. He seems to have been chosen by representa- tives from the various towns, as is inferred from the following :

"At a general town meeting held Jan 22, 1692, John Poland and John Lake were chosen to meet other townsmen at Flat- bush to choose a County Treasurer, next monday being ye 25 of January. Also William Goulding and Daniel Lake to pre- sent our assessment to ye justices at Flatbush ye first of Feb. next ensuing, because ye assessors were absent."

A Port of Entry .- In 1693 Gravesend was one of the three ports of entry on Long Island.

Census .- The first attempt at a eensus of the town, which we have been able to find, was made in 1675 (Documentary History, Vol. II), as follows :

" The Accounpts from Gravesend this 14 of the 7th mo'th Anno 1675, of all personns Rateable according to ye law, as also of their Lands both upland and meadow ground, with the number of their cattle, namely-Oxen ; Cows ; horses ; Mares ; and Sheep as follows : Of persons the troopers ex- cepted 30 : of oxen there is 26 : of cows there isto ye number of 107 : of cattle 107 : of horses and mares 62 : of colts 29 : of sheep to ye number of 60 : of acres of upland and Meadow ground 932.

By me Nicholas Stillwell, Constable, and ye Overseers. Rate £13 14s 5d. (Endorsed.)

Gravesend valuacons Brought in Sept. 20, 1675.

Exd. Rate £13 14s 3d."

1675. "Feb. 1st. At a general town meeting ye Inhabitants made choice of Nieholas Stillwell to be Con- stable ye present year. 13 voters." This could hardly have been the full number of voters in town, even at this early day.

1683. In a return of the persons, lands and eattle ratable according to law in Gravesend, we find there are 32 persons taxed ; number of acres, 1,356 ; horses, 59 ; eolts, 9 ; eows, 121 ; ealves between 1 and 3 years,

119 ; and 2 hogs kept by John Tilton, Sr .; 14 sheep. This shows a gain in some respects, and a falling off in others.

1698. In a list of the freeholders, their wives, chil- dren, apprentices and slaves, within Kings county, we find Gravesend eredited with 31 men, 32 women, 124 children, 6 apprentices, and 17 slaves, making a total population of 210. At this time Brooklyn had a popu- lation of only 511, and all Kings county contained but 2,013 inhabitants.

1738. In another list of the inhabitants of Kings county, both white and black, the census of Gravesend is given as follows : " Total population, 268 ; white men, women and children, 218 ; blacks, 50." Thus showing an increase in total population, in forty years, of only 58 persons, and of these 33 were blacks. Brooklyn had, according to this census, a total population of 721, and Kings eounty 2,348, as follows : Whites, 1,784 ; blacks, 564.

1788. In an old tax-list of this date, found among the town-papers, we find the number of inhabitants taxed in Gravesend to be 58. Only 47 of the above were real-estate owners, the others being taxed for per- sonal property. Number of acres, 2,211 ; number of horses, 95 ; eattle, 227 ; sheep, 42 ; slaves, 65.

1789. In a paper, similar to the above, there were but 42 real-estate owners on the list, and the number of aeres given as 3,079. This paper is signed by Cornelius Stryker, John Emmans and Stephen Emmans, Assessors.

The following returns, sent to the Secretary's office in 1790, are valuable for the sake of comparison.

NAMES OF TOWNS.

£100.

£20.

worth

Freeholders

40s.

worth

Tenants

Males .......

Females ....

Slaves ......

Brooklyn

105

582

537

437

Flatbush

137

148

141

Flatlands.

313

294

390

Gravesend.

160

134

131

Bushwick

194

169

164

New Utrecht.

170

159

204

355

376

149

1556

1396

1471

1791. We also have before us an old paper enti- tled : "The second payment of the tax for building Kings county Court House, apportioned to the Inhabi- tants of, or Ratable estates in the Town of Gravesend, 26 day of September, 1791." In this list we have 51 ratable estates, with their valuation, and the tax laid upon them. The highest valuation is put upon the estate of Richard Stillwell, Jr., it being £1,451, and his tax £4 6s 11gd. The smallest valuation was £1, and the tax 1d.

1800. The census for Kings county gives a total population of 5,749.

Freeholders

170

HISTORY OF KINGS COUNTY.

1810. The census by towns was as follows : Brook- lyn, 4,402 ; Bushwick, 798 ; Flatbush, 517 ; Flatlands, 517 ; Gravesend, 520 ; New Utrecht, 907 ; total, 8,303. The gain in the county in ten years, from 1800 to 1810, was 2,563. The gain for Gravesend for the same time was only 3. It is probable that these returns cannot be relied upon as perfectly accurate in every particular, but they furnish a fair approximation.

In 1828 Brooklyn had a population of 7,475. In 1840, 36,233.

1835. The census gives the number of inhabitants of Gravesend as 695 ; or only 427 for nearly a century's increase of population ; not a very remarkable growth for 97 years. In 1864 there were 99 voters.

1880. The census shows a much more rapid increase, the number of inhabitants being given as over 3,500.

1883. The tax-list gives the names of 1,307 resi- dent tax-payers, beside a very large number of non- residents who pay taxes on parcels of land ranging in size from city building-lots to several acres. The great increase in population has been made in the last decade. The benefits to be derived from living in a place where taxes are low, the climate most healthful, and the surroundings altogether delightful, are begin- ning now to be appreciated as never before. We may justly look for a still larger increase in the next ten years.

Highways .- The first highways were narrow, un- fenced lanes, rightly designated upon the old records as " wagon-paths." As the cattle of the inhabitants gradually increased, it became necessary for every man to fence his land adjoining the lanes, according to a town-order; and where the wagon-paths passed through the various lots of the farmers, as they very frequently did, the bars were to be carefully put up after every ingress and egress, under penalty of a fine for every neglect, and the damages which might result from stray cattle.

Four gates were also put up in the four quarters of the town, at the ends of the lanes, separating the com- mon pasture-ground from the cultivated fields. If the children, even, left these gates open, the parents were held responsible for the consequences.

The streets through the town-square were the first opened, and were considered, in these early times, re- markably fine roads. Those leading to the "12 mor- gen " and Unionville on the southwest, and to the " Neck " or "General Cornfield " on the east, were scarcely more than simple wagon-tracks. But little labor was required in making these roads, beside that of entting the trees or clearing the underbrush, which covered this part of the island.

The first town-record we find, relating to highways, is dated April 21, 1651, viz .:

" Att an assemblie of ye inhabitants of ye town it was or- dered and agreed unto that every inhabitant who is possessed of a lott shall be ready to go by ye blowing of ye horn on

Thursday next to clear ye common ways uppon ye pennaltie of 2 gilders for every one yt is defective."

There is another record of a highway laid out "to and from the Beach," dated Dec. 11, 1660, evidently the present road to Unionville, scarcely twenty feet wide, and known to this day as the "Beach Lane."

Highways were frequently changed for the accom- modation of individuals; in those days, a matter of no great labor. We find several records like the follow- ing:

"March 25, 1678. It was proposed in a legal meeting, and in presence of Judge Nicholas Stillwell, unto ye inhabitants and freeholders of our town, by Abraham Emans, whether ye said Abraham might take unto his lott ye general high- way going down to ye mill, and he ye said Abraham allow- ing to ye town a sufficient highway at ye east side of his lott and more convenient to ye town, which was consented unto by ye pluralitie of ye freeholders."

In the following instance the town propose the ex- change: April 1st, 1697. The town propose to ex- change with Nicholas Stillwell their highway " next to his habitation at the end of our lane, he allowing unto the town a sufficient highway in the same place where formerly it was."

As the early highways were opened for the purpose of reaching more easily their outlying farm-lots, rather than for the convenience of travel, it would sometimes happen that farmers from the neighboring towns, to save themselves time and lessen the distance to the point aimed at, would open short-cuts across their neighbors' fields without leave or license, to the great damage of property. This was done several times by the farmers of Flatlands and Flatbush, until the people of Gravesend, at a general town-meeting called for the purpose, drew up and presented to the above towns a strong remonstrance against such unauthorized tres- pass; and finally, in 1691, appealed to the Court of Sessions to confirm a town-order making such an offence a misdemeanor and finable.

The records furnish a description, dated 1696, of the highway between Flatlands and New Utrecht, which would now be utterly unknown but for this record. It seems to have followed the line of the towns, rather than a direct course, making a travel of five miles nec- essary to accomplish an air-line distance of three. The direction and width are as follows:

.. Ye way from ye end of ye lane to Amersfort is 4 rodds in breadth, and from thence along Flatbush and New Utrecht fence one rodd, and at New Utrecht lane it takes the breadth of that lane, and so runs till it comes to our lane, and then it is three rodds breadth, and further between every range of lots is a way one rodd and a half. The line of ye highway to Amersfort is north x east, about half a point north."

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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 41

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