USA > New York > Kings County > Flatbush > The history of the town of Flatbush in Kings County, Long Island > Part 3
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So much of the land thus acquired as the inhabitants of Flatbush had occasion for, they took up, enclosed, and improved. The rest was left in common, until by the in- crease of their population it should be needed. They re- mained thus in quiet possession of all their lands until the year 1675, when Captain Richard Betts laid claim to a certain parcel or tract, lying in the New Lots, for which he said he had obtained a deed from the Indians, of prior date to the one just recited, given in the year 1663. We are not able to locate precisely the premises thus called in question. The matter was tried at the court of Ses- sions, held in Gravesend, for that year, when the deed of Mr. Betts was allowed, and a verdict given in his favor. But an appeal was taken by the inhabitants of the town, to the General Court of Assizes, which was holden in the same year, 1675, in the city of New-York. Hereupon a full and fair hearing of the case, the verdict rendered at the court of Sessions was set aside, and the court ordered, as follows :- " That the land shall lye in common to fflatbush, and the townes adjacent, as it heretofore hath been, and that the towns who have the beneffit of the com- onage shall pay their equall proportion of the purchase money to the Indyans and costs of this suite."
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It was probably in consequence of this suit, that the in- habitants of Flatbush sought and obtained a separate pa- tent for that part of the town called New-Lots. This was granted by Gov. Edmond Andros on the 25th day of March, in the year 1677, to Arian Lamberse and others, to the number of thirty-seven persons. This Patent we have not been able to procure. It was probably granted on con- dition of the payment of a certain quit rent to the Gov- ernor, which opinion is confirmed from the fact, that com- plaint was subsequently made to the court of Sessions, held at Gravesend, against the constable of New Lots, for not taking up and paying over the same, upon which diverse orders were passed by the court relating thereto. About the time of the settlement of New Lots, several of the inhabitants of Midwout, or Flatbush, also removed to New-Jersey, and formed settlements on the Raritan and Milstone rivers, and also in the county of Monmouth, then called Neversink. Their numerous descendents now oc- cupy these and other different parts of New-Jersey.
Shortly after this period, it would appear from some records of the Court of Sessions, held at Gravesend, that there was some dissatisfaction between the towns of Flat- bush and Flatlands, relative to their boundary line. It was fixed under the administration of Governor Nicolls, in the year 1666. But another award and agreement on the subject was made, bearing date the 11th day of May, 1677. What the precise terms of this agreement were, we are unable to tell, as we have not been able to find the document. But not long after, it appears from the follow- ing extracts, from the records of the court, that the town of Flatlands complained of some trespass committed by the inhabitants of the town of Flatbush. At the session of the court held June 1679, we find the following record. " The
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inhabitants of fflatlands, complayning that the inhabitants of Flatbush have trespassed upon the land belonging to fflatlands aforesaid, contrary toan award made and agreed upon between both towns, and an order of court punctual- ly to observe the same, which being proved by the con- stable, and one of the oversees of Flatlands, aforesaid, and they not appearing to answer the complaint, and for their contempt in not observing the said award and order of 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 Flatbush have chopt of the marke of a tree, &c. To be deferred to the next court of Ses- sions, and they to have notice of it to answer the same."
In December of the same year, (1679,) is the following record on the same subject. "The inhabitants of Flat- lands complain of the inhabitants of Flatbush, for tres- passing on their lands, contrary to an award made and agreed upon as hath formerly been made appear, and the said inhabitants of Flatbush fined the last court, the sum of ten pounds, for not observing the said award and agree- ment. Severall debates arising about running the line, the court being satisfyed the inhabitants of Flatbush com- mitted a trespass upon the inhabitants of Flatlands, doe order that the said fine shall be forthwith paid, or else execucon to issue forth for the same. The defendants moved for an appeal, which is granted."
We might here introduce several somewhat curious ex- tracts from the minutes of the court of Sessions, relative to the town. We will simply present the following :
In 1681, it is recorded, " The court doe order, that John Gerritson Van Marken, shall deliver up to the constable and overseers of Flatbush, all the books and writings be-
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longing to the town aforesaid, which, if he shall refuse to deliver, that then the constable of the said town is hereby ordered and empowered to take them from the said Marken."
In the same year, " There being a strange man in the custody of the constable of Flatbush, and no person lay- ing claim to him, the court order ye man shall be ap- praised and sold, and if any person shall hereafter lay lawful claim to him, and desire to have him again, he paying what lawful charges are out upon him, may have him again."
In the same year, (1681,) is the following: " At the re- quest of some of the inhabitants of Flatbush, this court doe order, that the constable of the town give speedy no- tice to the inhabitants, that they forthwith fence their cornfields, and after legal warning given, any person shall be found defective herein, that then said person or per- sons, so offending, shall be proceeded against, according to law, and to be complained against at the next Sessions."
In 1682, is the following: " Upon the complaint of the constable of Flatbush, that there are severall persons in
1 the said town, who doe refuse to pay there minister. The court doe order, that such persons who shall refuse to pay their said minister, it shall be taken from them by dis- tress." From the general prevalence of the voluntary principle at the present day, in the support of the gospel, and the abolishing of the unholy union of church and state, we look almost with wonder at such provisions and enactments.
In the year 1683, there is another record relative to an alleged trespass by the inhabitants of Flatbush, upon the town of Flatlands, of nearly the same import with the one which we have quoted above, but we need not recite it.
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In 1685, in an action between Derick Storm, and the inhabitants of Flatbush, it is recorded, " An agreement read between Storm and Joseph Hegeman, Cornelius Ber- rian, John Stryker, William Guilliamsen, and others, in behalf of ye town of Fflatbush, uppon which, Storm prayed a sallarry, may be allowed him, for serving the town as schoolmaster to their children. Ordered that Court Steephens and Symou Jansen, examine ye accounts, and agreement between them, and these partys to stand to their determination."
In the same year, Theodorus Polhemus, for refusing to stand constable for Flatbush, although legally elected, was by the court fined five pounds to the public.
On the 7th, of November, 1685, at the session of the second colonial assembly, held under the administration of Governor Dongan, an act was passed for removing the court of Sessions of Kings county, from Gravesend to Flatbush. The cause for this, stated in the preamble of the act, is the inconvenience to which the inhabitants of the county are subjected, in travelling so far as Gravesend. Flatbush is about the geographical centre of the county of Kings, and afforded in this respect the most eligible place for holding the courts and presented the least disadvan- tages to the inhabitants of the county, who might have ju- dicial business to attend to. It was thenceforth named as the seat of justice for the county, and continued such till the year 1832, when the court-house was destroyed by fire. A court-house was accordingly erected in Flat- bush, in 1686, for the accommodation of the county, on the spot of ground which is still called the court- house lot. It remained till a larger one was built in the year 1758, an account of which we shall subsequently give.
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A controversy arose as early as 1678, between Flat- bush and Brooklyn, relative the boundary line between the respective towns. The northern boundary of the town of Flatbush according to their purchase from the In- dian proprietors and the patent which they had obtained was described to be by the hills. The inhabitants of Brooklyn, contended that their right of ownership ex- tended to the foot of the hills, and that this was the true and proper boundary line between the two towns, and that the Indian conveyances to both parties would admit of this and of no other construction. The inhabitants of Midwout on the other hand, contended, that such a con- struction of their northern boundary interfered with their just rights, and would lead to great embarrassment, doubt and uncertainty; nay, that from the general surface of the town of Flatbush, being an inclined plane, gradually sloping to the south, such a construction would locate their northern boundary in the town of Flatlands, and perhaps even in the Bay, or waters edge. In consequence of this difference, the matter was submitted to the deci- sion of the Court of Sessions. At a session of that court, held at Gravesend, on the 18th, of December, 1678, the subject of difference was, by consent of both towns, re- ferred to Captain Jaques Cortelyou, and Captain Richard Stillwell, to decide, and it was ordered that their " report should be determinative." Messrs. Cortelyou and Stillwell complied with the requisition of the court, and five years afterwards submitted the following report.
" To the Worshipfull Court of Sessions, now sitting at Gravesend, June 21st, 1683. These may certifie, that in obedience to an order from said court, and by consent of both towns, of Brooklyn and Flatbush, to runn the line be-
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twixt the said townes which are we underwritten have done, and marked the trees betwixt towne and towne, as wittnesse our hands, the daye and yeare above written,
JACQUES CORTELYOU, RICHARD STILLWELL."
One of the trees thus marked by these arbitrators was · a large white oak, standing near what is called the Port Road, and mentioned in the Patent granted by Governor Dongan, as one of the boundaries of the town. This tree remained till the time of the revolutionary war, when it was cut down by the Americans, and fallen across the road for the purpose of intercepting the British. A red free stone monument, with a proper inscription has sub- sequently been set up, at and near the stump of this tree, (which is yet in existence) by General Jeremiah Johnson, on the part of Brooklyn, and John C. Vanderveer, Esq. on the part of Flatbush. But unfortunately the stone has been so defaced by certain persons, who seem to take de- light in mutilating every thing, that only a few letters of the inscription can now be decyphered.
The award of Messrs. Cortelyou and Stillwell, relative to the boundary line, notwithstanding the order of the court, appears not to have been " determinative." For in the next year, 1684, the line was run out by Philip Wells, a surveyor of Staten Island, and Jacobus Cortland, who were appointed for this purpose, by the two towns.
The certificate of these gentlemen, is in the words fol- lowing: "To satisffie whom itt may concerne, that I be- ing with Mr. Jacobus Cortland, about the 20th, day off November, 1684, imployed by Breuckland and Fflack- bush, to vew and run out the line between the two townes, to the south of the hills, found that the line run
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fformerly by Capts. Jaques Cortelyou and Mr. Stilwell, is right and just, which wee both being agreed, give in our approbation of the same.
PHILIP WELLS, Surveyor."
Staaten-Island, in the County of Richmond, this 4th, day of April, 1687." $
Notwithstanding this, differences continued to exist for some years subsequently, but at length they have been amicably settled, upon the following principles, 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 direc- tion, from the summit of one hill to that of the opposite · one. In conformity with this determination, proper monuments have been placed on the boundary lines, to prevent, if possible, all future disputes.
At an early period distinctive names were given to the several parts of the village of Flatbush. The north end was called Steenraap or Stone Gathering; the south end, Rustenburgh, or resting place or borough; while the cen- tre was denominated Dorp, or the Town. The Dutch words appropriated to either end of the village were ap- propriate, inasmuch as the ground on the north end of the town contains many small stones, on, and just below the surface, while comparatively few of these are found in the south end, which in consequence is more easy to culti- vate. In the northern section of the town, on the farm now in possession of the Widow Lefferts, were erected at an early period, two brick kilns, one on the back of the farm, and another near the large pond, not far from the
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main road, which from this circumstance has obtained the name of the Stein Bakerie Pond. At these kilns brick were burnt for the use of the inhabitants, but only small remains of them are now to be seen.
On the 12th, day of November, 1685, the inhabitants of Flatbush applied to, and obtained from Colonel Thomas Dongan, the fourth English Governor of the Colony of New-York, a confirmatory Patent for the whole town, in- cluding the several former grants, or Patents of Midwout, or Flatbush, the Canarsee Meadows, Keuters Hook and Oustwout, or New-Lots. This Patent runs thus, to wit:
" Thomas Dongan, Lieutenant Governor and Vice- Admiral 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 Proprietor of the Colony and Province of New- York and its dependencies 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 Amersfort 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 western- most point of a small island of woodland lying before John Stryker's bridge; and from thence with a straight line to the northwest hook or corner of the ditch of John Oakies 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 marked white oak tree; from thence with a straight line
a
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to a black oak marked tree standing upon the northeast side of Twiller's Flats, having a small snip of flats upon the southeast side of the line; and so from thence to a white oak tree standing to 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 by 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 in Cornelius Jansen Berrian's lot of land; and from thence with a straight line to a cer- tain 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 the 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 the 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 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 Jamaica Patent; and from thence with a southerly line, to the kill or creek by the east of the Plunders 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 Flat- bush, relation thereunto being had, doth more fully and at large appear; And, whereas, application to me hath been made for a confirmation of the aforesaid tract and parcels of land and premises : Now Know ye, that by virtue of the commission and authority unto me given by his majesty,
F
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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 Cornelius Vanderwyck, John Okie, Joseph Hegeman, Aries Jansen Vanderbilt, Lafford Pieterson, William Guilliamsen, Hendrick Williamse, Pieter Wil- liamse, Arien Ryers, Peter Stryker, John Stryker, John Remsen, Jacob Hendricks, Derick Vandervleet, Hendrick Ryck, Okie Johnson, Daniel Polhemus, Peter Lott, Cor- nelius Vanderveer, Derick Johnson Hooglandt, Denise Teunis, John Johnson, Ditimus Lewis Jansen, William Jacobs, Hendrick Hegeman and Garrit Lubbertse, for and on the behalf of themselves and their associates, all the freeholders and inhabitants of the said town of Flatbush, and to their heirs and assigns forever, all the before re- cited tract and tracts, parcel and parcels, of land and islands within the said bounds and limits, together with all and singular, the woods, underwoods, plains, hills, meadows, pastures, quarries, marshes, waters, lakes, cause- ways, rivers, beaches, houses, buildings, fishing, hawking, hunting and fowling, with all liberties, privileges, hered- itaments and appurtenances to the said tract of land and premises belonging, or in any wise appertaining: To have and to hold the said tract of land and premises before mentioned, and intended to be given, granted and con- firmed, unto the said Cornelius Vanderwyck, John Okie, Joseph Hegeman, Aries Jansen Vanderbilt, Lafford Pie- terson, William Guilliamsen, Hendrick Williamse, Peter Guilliamsen, Arien Ryers, Peter Stryker, John Stryker, John Remsen, Jacob Hendricks, Derick Vandervleet, Hendrick Ryck, Okie Johnson, Daniel Polhemus, Peter
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Lott, Cornelius Vanderveer, Derick Johnson Hooglandt, Denise Teunis, John Johnson, Ditimus Lewis Jansen, William Jacobs, Hendrick Hegeman, and Garrit Lub- bertse, the said patentees and their associates, their heirs and assigns, forever. To be holden of his majesty in free and common soccage, according to the tenure of East Greenwick, in the county of Kent, in his majesty's king- dom of England: Yielding, rendering, and paying there- for, yearly, and every year, at the city of New-York, unto 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, this twelfth day of November, in the first year of his majesty's reign. Anno Domini, 1685.
THOMAS DONGAN."
It will be perceived, that by the above recited Patent granted by Governor Dongan, to the freeholders and in- habitants of the town of Midwout alias Flatbush, that the tenure by which they held their lands is denominated a tenure "in free and common soccage." The tenures of lands which were authoratively established in England, in the reign of William the Conqueror, were principally of two kinds, according to the services annexed. They were either denominated tenures by knight service, or tenures in free and common soccage. The tenures by knight service, in which the services were occasionally uncertain, were altogether of a military nature, and esteemed highly honorable according to the martial spirit of the times.
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These tenures however, in addition to the obligation of fealty and the military services of forty days in a year, were subject to certain other hard conditions, which we need not here enumerate, but which gradually rendered them more and more oppressive and increased the power of the feudal lords. At length upon the restoration of Charles the Second, to the crown of Great Britain, the tenure by knight service with all its grievous incidents, was abolished by law, and the tenure of land was, for the most part, turned into free and common soccage, and every thing oppressive in that tenure was also abolished.
A soccage tenure according to which the town of Mid- wout, or Flatbush, was patented, denotes lands held by a fixed and determinate service which is not military nor in the power of the lord to vary at his pleasure. It was the certainty and specific nature of the service, duty, or ren- der, which made this species of tenure such a safeguard against the wanton exactions of the feudal lords, and ren- dered it of such inestimable value in view of the ancient English. It was deemed by them a point of the utmost importance, to change their tenures by knight service, into tenures by soccage.
All lands granted by Patent by Governor Dongan, and the other subsequent English governors, were in free and common soccage, and subject. to an annual render or rent charge, called quit rent. In the Patent of the town of Midwout, this render or rent charge was fixed at eighteen bushels of good winter merchantable wheat, to be yielded, rendered and paid yearly and every year, at the city of New-York, on or before the 25th, of March, in every year to the king, his heirs and successors, or to such officer or officers as he or they should appoint to receive the same. This render and delivery of wheat, was regularly and an-
1
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nually made by the freeholders and inhabitants of this town, to an officer residing in the city of New-York, ap- pointed to receive the same, and styled "the Receiver General." The quit rent continued to be paid in kind, till it became more convenient for the inhabitants to pay, and the crown to receive money, in the place of wheat. The Receiver General was then authorized and required in equity and good conscience, to estimate the standard value of wheat in money. According to his determination, wheat was valued in money, at four shillings and eight pence a bushel, New-York currency. This appears to have been the standard value thereof for years. From this time onward, the quit rents of the town were regularly paid in money, according to the then estimated value every year, until the 25th, day of March, 1762. Why the payments were not regularly and annually continued, from and after that time, does not appear. The delay may perhaps be ascribed to the agitations then existing in the country, caused by events which led to the war of the revolution.
Soccage tenures are however considered by Chancellor Kent, from whose commentaries on American laws, the above recited account of tenures is taken, as of feudal ex- traction, and retain some of the leading properties of feuds. But most of the feudal incidents and consequences of soccage tenures were expressly abolished in the State of New-York, shortly after the termination of the revolu- tionary war, and they are wholly and entirely annihilated by the Revised Statutes, which took effect on the 1st, of January, 1830. But soccage lands were not to be deemed discharged of any rents, certain or other services, inci- dent or belonging to tenure in soccage, due to the people of the State (who were considered to stand in the place of the crown.) Therefore on the 1st, day of April, 1786,
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the Legislature of this State passed an Act, entitled " An Act for the collection and commutation of Quit Rents." By this act it is provided that it shall and may be lawful to, and for every person and persons, being citizens of the United States, who is, or shall be seized of any lands, or tenements, in this State, charged with an annual quit rent, to commute for the same, by paying fourteen shil- lings for every shilling, of such annual quit rent, at any time on or before the first day of May, 1787, in any public securities receivable in payment on sales of confiscated estates, or in any other securities or certificates, issued or to be issued by the Treasurer of this State, and at the same rate, such securities and certificates are receivable in payment for confiscated estates, to the Treasurer of this State, for the time being, for the use of the people of this State: and the said Treasurer shall, upon such pay- ment, give the person making such payment a receipt or certificate, expressing the sum paid, the annual quit rent in lieu of which the same is paid, and the land on which the said annual quit rent was charged or reserved, and shall enter the same receipt in a book, by him to be kept for that purpose, which receipt or certificate, or the entry thereof, shall be a good discharge of such quit rent forever.
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