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 51

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 51

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Settlements were soon made on this section, by per- sons from Flatbush; and, about this time also, " scv- eral of the inhabitants of Midwout, or Flatbush, re- moved to New Jersey, and formed settlements on the Raritan at Milstone."-(Strong.) In proof that 1670 is the true date of the first settlement of that portion of the town of Flatbush called the New Lots, we notice that, five years after, when settlers began to appropriate the land thus secured by deed from Eskemoppas, there ap- peared another claimant, Capt. Richard Betts, who cn- deavored to establish a claim to a portion of the tract by virtue of a deed which he professed to hold, bearing date of 1663. The matter was tried (on an appeal by the town of Flatbush from the Court of Sessions) at the Gen- eral Court of Assizes; which, in 1675, in the city of New York, and, after a fair hearing, ordered as follows: "That the land shall lye in common to Fflat- bush, and towns adjacent, as it heretofore hath been, and that the towns who have the benefit of the com- monage shall pay their equall proportion of the pur- chase money to the Indyans and cost of this suite." From this it is evident that the validity of a deed of earlier date than 1670 was not admitted. After this suit, however, the inhabitants deemed it prudent to ob- tain a separate patent for the New Lots, which, accord- ing to Dr. STRONG, was granted by Gov. Andros, March 25, 1677, to Arian Lamberse and others, to the number of thirty-five persons. This patent is not now extant. The boundary-line between Flatbush and Amersfort seems to have been a source of frequent trouble be- tween the two villages. The first difficulty was settled by the decd of Gov. Richard Nicolls, bearing date of 1667. Two years after, however, complaint was made by the inhabitants of Amersfort that those of Flatbush were not observing the terms of the patent granted in 1667. The matter was tried before the Court of Ses- sions at Gravesend, and a new agreement made, dated May 11, 1677. Two years later, June, 1679, complaint was again made to the Court against the inhabitants of Flatbush for trespass. A record of the Court of Sessions, held at Gravesend, June, 1679, relates to this matter, as follows, viz .:

"The inhabitants of fflatlands complayning that the in- habitants of fflatbush liave trespassed upon the land belong- ing to ffiatlands aforesaid, contrary to an award made and agreed upon between both towns, and an order of the Court punctually to observe the same, which being proved by the constable and one of the overseers of fflatlands, aforesaid, and they not appearing to answer the complaint, and for their contempt in not observing the said award and order of the Court. The Court orders, that the said inhabitants shall pay as a fine to the publique, the sum of ten pounds and to observe the said order of Court. They also complayn, that the inhabitants of fflatbush have chopt of the marke of a tree, &c. To be deferred to the next Court of Sessions, and they to have notice of it to answer the same."

* These are supposed to have been Judges, or Justices of the Peace.

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HISTORY OF KINGS COUNTY.

A similar dispute arose in 1683. While this contro- versy was being earried on about the southern boun- dary, another arose between Brooklyn and Flatbush about the north boundary-line, which heretofore, in all decds and patents, had been designated as "the Hills." The authorities of the village of Brooklyn, in 1678, in- sisted that the term "to the Hills" should be con- strued so as to include the southern base of the hills. Those of Flatbush, however, contended that their pat- ent embraced all the land to the crest of the hills, argu- ing that Brooklyn's construction of the terms of the patent would deprive them of all their rights; since the base of the hills might be made to mean until the land became perfectly level. Since the land from the imme- diate foot of the hills slopes gradually to the southern boundary of the town, and even to the sea, this claim of Brooklyn to the land on the southern slope of the hills could not with safety be entertained a moment, lest at some future time they should desire to claim a right to the whole town. The matter was therefore submitted to the Court of Sessions at Gravesend; and December 18, 1678, the court decided that the whole dispute be referred to Captain Jaques Cortelyou and Captain Richard Stillwell, who should make a survey of the land and run a boundary-line. Their "report was ordered to be determinative." Five years after- ward they reported that they had performed this duty, "and have marked the trees betwixt towne and towne."

DR. STRONG states that "One of the trees thus marked by these arbitrators was a large white oak, standing near what is called the Port Road, and mentioned afterwards in the patent granted by Govenor Dongan as one of the boundaries of the town. This tree remained until the time of the Revo- lutionary war, when it was cut down by the Americans and fallen across the road to intercept the British. A red free- stone monument, with a proper inscription, was subsequently set up near the stump of this tree by General Jeremiah John- son, on the part of Brooklyn, and John C. Vanderveer, Esq., on the part of Flatbush."

The precise point at which this trec stood, and where the monument was afterward placed, is now embraced in Prospect Park. It is about one hundred and fifty feet down the road, south-east of the bronze slab con- taining the inscription of the battle of Long Island. At the time of the Revolutionary war, the road at this point ran through a narrow pass, between the hills, one of which still remains as it then was, and is on the east side of the road. The face of the other, next the road, on the west side, was destroyed by constant exca- vations to procure the excellent sand of which it was composed. Between these two hills, which were in for- mer times separated at their base by a space of thirty or forty feet, ran the road from Flatbush to Brooklyn. The tree stood at the eastern base of the hill, on the north side of the road.

In after years a toll-gate was placed just south of this spot. In the gutter at the north-west end of the toll-house, and about fifty feet from the base of the hill,

the red free-stone monument was placed, the letter F being cut on one side and upon the other the letter B, indicating, no doubt, Flatbush and Brooklyn. In the lapse of years, the wash from the road and hill gradu- ally covered up this stone; and, at the time the ground was purchased for the park it was completely covered with sand. The grade of the Park road has no doubt buried it two feet or more beneath the surface, where in all probability it would now be found.

This report of the commissioners, Cortelyou and Still- well, was not accepted as " determinative," as the court ordered. The next year new trouble arose in reference to the boundary. Philip Wells and Jacobus Cortland were appointed surveyors by the two towns.

They reported " that the line run fformerly by Capt. Jacques Cortelyou and Mr. Stillwell is right and Just."

After several subsequent disputes, the difficulty was finally adjusted on the following basis, viz .:

"That the summit of the hills, or the first perceptible southerly declivity of any hill, should be deemed and taken as the fixed and determined line, and wherever the hills are cut off or interrupted by an intervening valley or hollow, the boundary line should extend in the shortest possible direction, from the summit of one hill to that of the opposite one. In conformity with this determination, proper monu- ments have been placed on the boundary lines, to prevent, if possible, all further mistakes."

Flatbush, occupying a central position, was bounded on all sides by the other towns, which accounts for the numerous conflicts in reference to boundary-lines.

Boundary Dispute with Newtown .- The last, and by far the most prolonged controversy, of this kind, was that concerning the north-eastern boundary-line. It began in 1706, when the inhabitants of Newtown elaimed part of the lands embraced in the Flatbush patent for the New Lots. At this time a fund was raised, by tax, upon every patentee, to pay expenses in defending their boundary-line; and, at the annual town- meetings, two officers were chosen, whose duty it was to guard the interest of the town, to "their meets and bounds," according to the patent. The Dutch called these men " Dorps mannen," or towns-men. Afterward the English designated them the "Defenders of the Patent." For fifteen years the controversy was pro- longed, being finally settled in 1721, and was the last serious trouble concerning the boundary-lines of the town.

The Dongan Charter, 1685 .- The last patent or confirmatory deed for the town was issued by the Governor, Colonel Thomas Dongan, in compliance with a request of the inhabitants for a patent for the whole town which should include all the former separate grants or deeds. These several patents had been granted at different times for Flacke Bos, Midwout or Flatbush; for the Canarsie Meadows; Keuter's Hook; Eastwoudt, and Oostwoudt, or the New Lots. The patent, dated Nov. 12, 1685, is as follows :

" THOMAS DONGAN, Lieutenant-Governor and Vice-Admiral

217

BOUNDARY DISPUTE WITH NEWTOWN.

of New York, &c., under his Majesty James the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c., Supreme Lord and Pro- prietor of the Colony and Prince of New York and its de- pendencies in America. To all to whom these presents shall come, sendeth Greeting : Whereas, there is a certain town in Kings County, upon Long Island, called and known by the name of Midwout, alias Flatbush, the bounds whereof begin at the mouth of the Fresh-Kill, and so along by a certain ditch which lies betwixt Amersfoot and Flatbush Meadows, and so running along the ditch and fence to a certain white-oak marked tree, and from thence upon a straight line to the westernmost point of a small island of woodland lying before John Stryker's bridge ; and from thence with a straight line to the north-west hook or corner of the ditch of John Oakie's meadow, and from thence along the said ditch and fence to the swamp of the Fresh-Kill, and so along the swamp and hollow of the aforesaid Kill to the land of Keuter's Hook ; thence along the same to a white-oak tree ; from thence with a straight line to a black-oak marked tree standing upon the north-east side of Twiller's Flats, having a small snip of flats upon the south-east side of the line ; and so from thence to a white-oak tree standing on the west side of Moschito Hole to · a small island, leaving a snip of flats in the Flatlands bounds; and from thence to a certain marked tree or stump standing upon the highway which goes to Flatlands, upon the Little Flats, about twenty rods from Flatbush Lots, and so along the fence six hundred Dutch rods to the corner of Flatbush fence, and so along the rear of the lots to a sassafras-stump standing on Cornelius Jansen Berrian's lot of land ; and from thence with a straight line to a certain old marked tree, or stump, standing by the Rush Pond under the hills, and so along upon the south side of the hill till it comes to the west end of Long Hill, and so along upon the south side of the said hill till it comes to the east end of the Long Hill; and then with a straight line from the east end of said Long Hill to a marked white-oak tree standing to the west side of the road, near the place called the gate or port of the hills, and so from the east side of the port or gate aforesaid, upon the south side of the main hills, as far as Brooklyn Patent doth extend, and so along the said hills to the bounds of the Jamaica Patent; and from thence with a southerly line to the kill or creek by the east of Plunder's Neck, and so along the said kill to the sea, as according to the several deeds or purchases from the Indian owners, the Patent from Governor Nicolls, and the award between Brooklyn and the town of Flatbush, relation thereunto being had, doth more fully and at large appear : And, whereas, an application to me hath been made for a confirmation of the aforesaid tracts and parcels of land and premises : Now, Know ye, that by virtue of the commission and authority unto me given by his Majesty, James the Second, by the Grace of God of England, Scot- land, France and Ireland, King, Defender of the Faith, Supreme Lord and Proprietor of the Province of New York, in consideration of the premises and the quit-rent hereinafter reserved, I have given, granted, ratified and confirmed, and by these presents do give, grant, ratify and confirm unto Corne- lius Vanderwyck, John Okie, Joseph Hegeman, Aries Jansen Vanderbilt, Lafford Pieterson, William Guilliamsen, Hend- rick Williamse, Arien Ryers, Peter Stryker, John Stryker, John Remsen, Jacob Hendricks, Derick Vandervleet, Hend- rick Ryck, Okie Johnson, Daniel Polhamus, Peter Lott,

Cornelius Vanderveer, Derick Johnson Hooglandt, Denise Teunis, John Johnson, Ditimus Lewis Jansen, William Jacobs, Hendrick Hegeman, and Garret Lubbertse, for and on behalf of themselves and their associates, all the free- holders of the said town of Flatbush, and to their heirs and assigns forever, all the before-recited tract and tracts, parcel and parcels, of land and islands within the said bounds and limits, together with all and singular, the woods, under- woods, plains, hills, meadows, pastures, quarries, marshes, waters, lakes, causeways, rivers, beaches, houses, buildings, fishing, hawking, hunting and fowling, with all liberties, privileges, hereditaments and appurtenances to the said tract of land and premises belonging, or in any wise appertaining ; To have and to hold, &c. * *

* * To be holden of his Majesty in free and common soccage according to the tenure of East Greenwich, in the county of Kent, in his Majesty's Kingdom of England. Yielding, rendering and paying there- for, yearly, and every year, at the City of New York, to his Majesty, his heirs or successors, or to his or their officer or officers, as by him or them shall be appointed to receive the same, eighteen bushels of good merchantable wheat, on or before the five and twentieth day of March, yearly, and every year. In Testimony whereof, I have caused these presents to be entered upon record, in the Secretary's office in the said Province, and the seal thereof, have hereunto affixed, and signed with my hand the twelfth day of November, in the first year of his Majesty's reign, Anno Domini, 1685.

THOMAS DONGAN.

FACSIMILES OF THE AUTOGRAPHS OF SOME OF THE PATENTEES OF FLATBUSH, UNDER THE DONGAN CHAR- TER, OF 1685.

HAYNDRYCK REYCKE, the ancestor of the SUYDAM Family of Kings County.

CORNELIS JANSSE VANDER VEER, the ancestor of the Vanderveer Family of Kings County.

Cfan trychose . 14hr

JAN STRYCKER, the ancestor of the Stryker Family of Kings County.

Laufzeit Juster fran,

LEFFERT PIETERSEN, (van Haughwout, North Holland, 1660,) the common ancestor of the Lefferts Family in Kings County.

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HISTORY OF KINGS COUNTY.

Sirias Romano 8 .1661

ADRIAN REYERSE, the common ancester of the Ryerson, the Adriance and the Martense families.

PETER LOTT, ancestor of the Lott Family of Kings Conuty.

Quit-Rents .- This is the first deed or patent in which any mention is made of any revenue therefrom accruing to the governors. When Dongan entered upon the government of the colony, he found its reve- nues insufficient to mect its current expenses. With the double intention, therefore, of increasing these reve- nues, and, at the same time, securing to the inhabitants of the several towns, and to their posterity, an indis- putable title to the lands which they had obtained from his predecessors, and by purchase from the Indians; he called in all the patents, and replaced them with new ones. In these new patents he evidently endeav- ored to secure a greater degree of definiteness in des- cription of boundaries, etc., which had already given rise to innumerable disputes. And the colonists sub- mitted, with apparent willingness, to the change of their deeds, and to the new feature of quit-rent inserted therein. There was, indeed, a protest sent to the Eng- lish Government by Santin, the collector of New York and a member of the Council (afterward discovered to be a defaulter); but Gov. Dongan's able and manly reply to these charges (Doc. Hist. N. Y., Vol. III, p. 442), sufficiently explains his motives in the matter, and justi- fies his action.

The quit-rent continued to be paid for several years, according to the requirements of the patent, in good merchantable wheat. At what time the change was made, by which money was accepted in lieu of wheat, we have no means of determining. The Receiver Gen- eral, at a subsequent date, was authorized to make such a change, and "wheat was valued at eighteen shillings and eight pence a bushel, in New York currency," and rents continued to be paid according to this standard until 1762.

Commutation of Quit-Rents .- After the Revolu- tionary War an act was passed by the legislature of New York, April 1, 1786, providing for the collection of arrears and the future annual Quit-Rent ; and, also, making provision whereby any town might commute for the payment of its quit-rents. In December of this same year the inhabitants of Flatbush availed them- selves of the privilege of this act, and purchased a re- lease from future quit-rents, which would have fallen due each year under the terms of their patent.

Dr. STRONG's History of Flatbush preserves the re-

ceipt for this release and payment, from which it appears, that its amount (including three years' arrears), from March 25, 1765, to the same date 1786, a period of twenty-one years and nine months (with eight years deducted for " period of Revolution), was £162, 9s.

Social and Political History .- Origin of the name. The early settlers of Breuckelen very natu- rally termed the densely-wooded hills of Flatbush the " Bosch "-a term equivalent to our word bush or wood. Following the Indian-path to the top of the ridge, the eye rested upon an unbroken range of level woodland, extending east and west as far as could be seen, and stretching out toward the south for nearly three miles, to the bounds of New Amersfordt. This woodland, covering the extended plain, was called "'t Vlacke Bosch;" i. e., the flat woods; "'t. Vlacke," or " Vlachte," meaning the plains or flats. In the early Colonial records a similar reference is made to the level beyond the woods, which is designated as " 't Vlacke Landts," and embraced, at that time, the towns of New Utrecht, Gravesend, and New Amersfoordt. In proof of this we find, in a report of Governor Stuyvesant's, Oct. 19, 1665, this declaration, " The Flat land ('t Vlacke Landts), stripped of inhabitants to such a degree that, with the exception of the three English villages of Hemstede, New Flushing and Gravesend, there were not fifty bou- weries or plantations in it," &c.

This term, "'t Vlacke Bosch " was, without doubt, the earliest designation of the wooded country south of " the Hills," and now, for the most part in the Town of Flatbush-and is so used by the Labadist travellers, in 1679-80. This would seem to prove that, even thirty years after the first settlement of the village, the name of the locality was a more familiar one to the settlers than the new name-Middel- Wout (middle-woods), given it by Gov. Stuyvesant. In the defence of Hen- drick Van Dyck, the Fiscal under Stuyvesant, in 1652, he complains that " the Director hath, on his own authority, begun to plant a hamlet in 't Vlacke Bosch [the Flatbush] on Long Island, between Amersfort and Breuckelen. He named it Middel- Wout, where Jan Snediker, one of his Selectmen, hath settled." This term appears to be nearly synonymous with the original name of the whole section of woodland. The former term "'t Vlacke Bosch " meaning the Flat- Wood, and " Middel-Wout " meaning Middle- Wood ; "Woud " or " Wout " being the Dutch for wood, or forest. It was, therefore, undoubtedly, the peculiar surroundings of the locality on which the village was situated, that suggested its name. The name Middel-wout, in com- mon use, gradually became abbreviated to Mid-twout, as it is given in the earliest town-records, bearing date 1659. After the surrender of Long Island to the Eng- lish, we find, for the first time, in public documents, the use of the name Flatbush (Fflatbush, Flatbos, Flack- bush); a sort of English rendering of the original Dutch "'t Vlack Bosche." Midwout, however, continued to

219

ORGANIZATION OF LOCAL GOVERNMENT.

be the ordinary appellation in public records and com- mon use, until 1776 ; the term Flackebos being only twice used by Town Clerk Van Ecklen, in 1694-'95. It seems evident, therefore, that the change of name from Midwout to Flatbush, is the result of no legal enact- ment, but simply of common usage.

In early times the center of the village was called " Dorp," meaning " the town " and here was located the church, the school, and the court-house. North of the " Dorp " the land was of a peculiar character, where no rich strata are visible; the roads and fields are covered with immense water-washed cobble-stones. And this Is even more observable further north, towards the hills. To this section the early settlers gave the name of Steen- raap, or " stone-gathering." Though, to a great extent, these stones have been removed from the surface, still, in digging cellars, and trenches for gas and water mains, large beds of them are yet found, as if piled away by human hands. Still further north, on the sides of " the Hills," were found huge boulders-water-worn -and of which the farmers all through this section of the town used (up to the middle of the present century) to build their farm fences. But, of later years, these boulders have disappeared, having been sold and broken up for building purposes. The Labadist travel- lers of 1679-80, so often referred to in these pages, have left unequivocal testimony to the then condition of public travel in the county ; and within the memory of some still living, these stones and boulders contribu- ted largely to the exceeding roughness of Flatbush roads. The soil of that portion of the village lying south of " the Dorp " is a sandy loam and remarkably free from stones. The Dutch called it Rustenburg, meaning bor- ough, or "resting-place." This name may have been applied in grateful comparison with the state of the roads in other parts of the town and county, over which they were obliged to pass ; or, because their homes were here situated, to which they returned for a nightly rest, after their days of severe toil upon their wooded and stony farms in the northern part of the town. According to Mr. TEUNIS G. BERGEN, another portion of the town was called "East Midwout," which was, no doubt, that part known as New Lots.

Organization of Local Government and Courts .- During the earlier years of slow growth the Dutch towns scarcely needed any special or local provision for the administration of justice. The will of the Director of the West India Company, the two local officers appointed by him, and his occasional per- sonal superintendence, sufficed to maintain good order among them. In course of time, however, difficulties arose from this lack of a properly-organized govern- ment. The Directors too often misused tlicir powers, and were disposed to govern in a dictatorial and tyran- ical manner, overlooking wholly the rights of the pco- ple. If imposed upon by the inferior officers of the town, it was worse than useless to appeal to the Direc-

tor, for these were simply carrying out his instructions. An appeal generally brought some punishment upon the villages for their audacity. A government of this character was not at all adapted to a people who had lived under the liberal form of government of Holland, where each city or village provided to a great extent for its own defense, administered its own finances, and governed itself by its own laws. Thus the inhabitants of the towns, who, in Holland, had been accustomed to have a voice in all matters relating to their government, could not quietly submit to the present arbitrary rule of the Directors.

Finally the growing popular discontent found ex- pression in a convention of delegates from the Dutch towns of Long Island, assembled at Nieuw Amsterdam, Nov. 26, 1653 ; but adjourned until Deceember. Up to this time, the civil affairs of Middlewout had been ad - ministered by an official called the "Schout," exercising, somewhat, the combined functions of a judge and sheriff, and subordinate to the "Schout-fiscal" of Nieuw Ams- terdam. The name schout is supposed to be an abbrevi- 'ation of the Dutch word schuld-rechter, or, "crime- righter;" i. e., a judge of crimes. The people of each village also had the right to elcct two more schepens, or magistrates, as in the Fatherland. In November, 1646, Jan Teunissen, of Breuckelen, was made schout ; and had jurisdiction, also, over Middlewout and Amers- foort. We find no mention of another schout being appointed till April, 1654, when David Provoost was made the first separate schout of Breuckelen. Teunissen probably remained schout of the other Dutch towns ; although in the Col. Docs. State of N. Y. Provoost is called schout or sheriff of the Dutch towns on Long Island. Midwout, at this time, was allowed the privi- lege of a separate village to nominate three Schepens ; and Amersfort obtained two. Provoost was succeeded by Pieter Tonneman from January, 1656, to 1660 ; when he became the first Sheriff of Nicuw Amsterdam. The first entry in the oldest Court record of convey- ances of property in the Town Clerk's office, at Flat- bush, relates to the purchase, or allotment, of prop- erty in the village of Middlewout to this P. Tonneman, under date of July 2, 1659. He was, also, January, 1657, a member of the Supreme Council of the Nieuw Netherlands. In 1661 Adriaen Hegeman, a resident of Middlewout, was appointed, by Gov. Stuyvesant, as schout of Breuckelen, Midwout, and Amersfort. He had been, in 1654, one of the three schepens to which the town of Midwout was cutitled; and, from 1659 to 1661, had acted as clerk, or secretary, of Midwout and Amersfort.

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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 51

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