About the time of the surrender of the country to the Duke of York, there appears to have been a considerable contest as to the boundary line between the towns of Midwout and New-Amersfort, which was attended with frequent collisions, and particularly so, in the mowing and ingathering of hay on the Canarsee meadows. This eventually led to an application to Governor Richard Nicolls for the settlement of the subject in controversy, between the contending parties. Governor Nicolls in the year 1666 appointed arbitrators to view and settle the matters in difference between them. The arbitrators thus appointed, accordingly met, for the purpose of viewing the premises and issuing the differences between these towns on the 17th, of October, 1666. They were accompanied by many of the inhabitants, and after a careful survey, a designated line was agreed upon. The line thus consented to was designated by marked trees, wherever practicable, and in other instances, by prominent stakes, or a fence set up between the two towns. In the Canarsee meadows, which were esteemed valuable at that time, it was described with greater precision, and was designated by an instrument similar to the mariners compass, and was to run according to the terms of Governor Stuyvesant's Patent, granted to Midwout, in 1656, from the woodland to the mouth of the kill or creek, (now called the first creek, or Vanderveer's mill creek,) with an East line half a point northerly, without variation of compass. The award and determination of the arbitrators was made to Governor Nicolls, in accordance to the above arrangement, and the line being marked, and staked out, in conformity thereto, the award received his approbation and sanction, on the 20th, day of April, 1667.

This controversy being thus happily terminated, and the southern boundary of the town permanently fixed, the inhabitants of Flatbush, in the year 1667, applied to Governor Nicolls for a confirmatory grant, to secure them in their possessions, as he was required to do, by virtue, and in pursuance of the Articles of capitulation. On the 11th, of October, in the year 1667, the Governor granted letters patent, to the freeholders and inhabitants of Midwout, alias Flatbush, of which, the following is a condensed abstract:

"Richard Nicolls, Esq. &c. Whereas there is a certain town within this government, known by the name of Midwout, alias Flatbush, &c. now for a confirmation, &c. Know ye that I have given, ratified, confirmed and granted unto Mr. Johannes Megapolensis, one of the ministers of this city, Mr. Cornelius Van Ruyven, one of the justices of the peace, Adrian Hegeman, Jan Snediger, Jan Stryker, Frans Barents Pastor, Jacob Stryker, and Cornelius Janse Bougaert, at Patentees, for, and on behalf, of themselves and associates, freeholders and inhabitants of the said town, their heirs, successors and assigns; All that tract, together with the several parcels of land, which already have, or hereafter shall be purchased or procured for, and on behalf of the said town; whether from the native Indian proprietors or others, within the bounds and limits hereafter set forth and expressed, viz: That is to say: The said town is bounded to the south by the Hills, to the north by the fence lately sett between them and the town of Amersfort, alias Flatlands: Beginning at a certain tree, standing upon the Little Flats, marked by order and determination of several arbitrators, appointed by me, to view and issue the differences between the two towns, concerning the same, which accordingly they did, upon the 17th, day of October, 1666, and to the east and west by the common woodlands, including two Flats, heretofore called by the names of Corlers and Twillers Flats, which lye to the east of the town: As also a parcel of meadow ground or valley on the east northeast side of the Canarsee planting land, and having to the south the meadow ground belonging to Amersfort, alias Flatlands, according to the division made by an east line running half a point northerly, between them, without variation of the compass, and so to go to the mouth of the Creek or Kill; which said meadows were upon the 20th, of April last, by common consent staked out, and by my approbation allowed of: All which said tracts and parcels of land, meadow ground, &c. Dated, October, 11th, 1667."

The first settlers of Midwout, or Flatbush, were a hardy body of farmers, inured to labor, and acquainted more or less, with some mechanical trade. This was calculated to promote their domestic comfort, to render themselves useful to one another, and make them quite independent of extraneous aid. It is worthy of remark, that it was a general rule for every parent to cause his sons to be instructed in some useful mechanical business, although intended for farmers, and that this practice was invariably continued until the commencement of the revolutionary war. In the original subdivision of the town amongst the different proprietors, it will be perceived, as above stated, that the allotments of land were made only for those who intended to obtain the means of subsistence by the cultivation of the earth. There was therefore no provision as yet made for mechanics, who might desire to make a permanent residence here. Upon the introduction of a few mechanics, it was perceived that from the ability and employments of the inhabitants generally, there was but little prospect of their being able to support themselves, and their families in any comfortable way, without the cultivation of some land, at least for family subsistence. The attention of the inhabitants was directed to this subject, and the church lands were thereupon divided into suitable and convenient parcels, so as to accommodate the mechanics, and let to them for low and reasonable rents. A tract of woodland was also purchased and patented, lying to the east of the town and north of what is called Flatlands Neck, expressly for the benefit of the mechanics, and appropriately called Keuters Hook, or Mechanics Hook. The inhabitants of the town were at, and about that time, divided into two classes, called Keuters or mechanics, and Boers, or Farmers; and this distinction was kept up for years afterwards. The date of the Patent of Keuters Hook cannot now be ascertained with precision, but was probably not very long after the surrender of the country to the English.

About this time the court was removed from Flatbush to Gravesend. This was no doubt, in consequence of the latter town being chiefly settled by English emigrants, and the authorities were disposed from this circumstance to favor them. The first records of the court, now in the Clerk's office of the county, are dated at Gravesend, in the years 1668.--69.

Shortly after the surrender of the colony to the English, the towns of Brooklyn, Bushwick, Midwout, or Flatbush, Amersford, or Flatlands, and New-Utrecht, were formed into a separate district, for certain purposes, by the name of the "Five Dutch Towns." For these towns a Secretary or Clerk, was specially appointed, whose duties appear to have been confined to the taking acknowledgments of transports and marriage settlements, and proof of wills, &c. In 1674, this office was held by "Nicasius De Sille, in the absence of Sr. Ffrancis De Brugh." He was succeeded in the year 1675, by Machiel Hainelle, who had been schoolmaster in Flatbush during the previous year. In the acknowledgments which he took, he styles himself "Clerk." In the same year the court of Sessions for the West Riding of Yorkshire,(*) which then sat in Gravesend, after setting forth the appointment of Hainelle, and calling him "Secretary," declared, "It is the opinion of the court, that for what publique or private business he shall doe, he ought to have reasonable satisfacon."

New Lots, which was originally called Ostwout, or East-Woods, on account of its lying east of Midwout or
(*) The West Riding was composed of the towns of Brooklyn, Bushwich, Flatbush, Flatlands, New-Utrecht and Gravesend, together with Staten Island and Newtown.
 
The Old Town of Flatbush, was no doubt purchased and procured from the native Indian proprietors, by the inhabitants of Midwout. But at what particular time cannot be distinctly ascertained. It was probably not far from the period when the Patent of Governor Nicolls was granted, which was in 1667. It was a tract of woodland covered with the same description of timber as that of Midwout. Its situation was also somewhat similar, having the Hills on the north, the Bay, which was then called the Sea, on the south, and extending easterly to the bounds of Jamaica. An extensive tract of meadows was included in these limits, lying in front of the upland, and extending to the Bay. All this land appears to have been subdivided in the same manner, as Midwout, or the Old Town of Flatbush, and the church also received its share in such allotment, with the inhabitants of the town. The meadow was, without doubt, also subdivided about the same time, and similarly allotted, as the upland. This opinion appears to be confirmed by the fact, that the first conveyances of land recorded in the town records always include one or more parcels of meadow therewith. The meadows must also have been esteemed valuable, on account of producing spontaneously an annual crop of hay, and that, without previous labor or tillage. This tract of country generally was called the New Lands, and principally settled by the inhabitants of Midwout, or the Old Town, and afterwards assumed the name of the New-Lots. The Patent for this was obtained under the administration of Sir, Edmond Andros, the second English Governor, to which we shall advert presently.

In the year 1665, a meeting of delegates from the several towns on Long-Island, was held at Hempstead, for the purpose of adjusting any conflicting claims to lands,
and settling the boundaries of the several towns, and of receiving and acknowledging the code of laws, which had been prepared by the Duke of York, for the government of the Colony, commonly called the "Dukes Laws." At this meeting the Governor himself attended, and the delegates were so much gratified with his manners, and the liberal views which he professed on the occasion, that they drew up, and signed an address to His Royal Highness, the Duke of York, full of gratitude and loyalty, but at which, as soon as their constituents found that they were to have no voice in the selection of magistrates, or a share in legislation, they manifested their disapprobation, and censured the deputies with so much severity, that the civil authorities thought it necessary to interfere. And accordingly, at a court of Assize, held in October, 1666, it was resolved that whoever thereafter should detract, or speak against any of the deputies, signing the address to His Royal Highness, at the general meeting at Hempstead, should be presented to the next court of Sessions: and if the justices should see cause, they should thence be bound over to the Assizes, there to answer for the slander by plaint or information.

The delegates who attended this convention from Flatbush, and signed the address, were John Stryker and Hendrick Gucksen. It is not necessary here to give any summary of the Dukes Laws, which were then promulgated, and continued to be the law of the land until October, 1683. There are in them many quite curious provisions. There was nothing in them peculiar to any town, except the fixing the mark by which horses were to be branded. Each town was required to have a marking or flesh brand for this purpose. The town mark for Flatbush was the letter O.
It is probable that at this assembly, which fixed the bounds of the several towns, the names of many of them were altered. The town of Rutsdorpe, was called Jamaica, Amersfort was changed to Flatlands, Middleburgh to Newtown, and Midwout to Flatbush, or Flakkebos, that is, Flat Woods. This name was given to it from its being situated on an apparently level plain, and surrounded on almost every side by woods. But it is here proper to remark, that the ground in and about Flatbush, is far from being a deal level. It is an inclined plane gradually extending and lessening in inclination to its southern boundary. Hence, here are no stagnant pools or marshes, but all surplus water from rains and storms, passes off gradually, but yet in a very short period to the ocean. This renders the situation of the town healthful, and hence it has seldom if ever, been visited with any prevailing epidemic.

The tract of country now comprising the town of Flatbush as we have stated, was originally obtained by purchase from the Canarsee Indians, who were the true and original owners. The first Dutch settlers of the town, in their various purchases of the Indian proprietors, dealt fairly and honorably with them. They did not drive them from their possessions by force, but gave what was then esteemed by themselves to be a valuable consideration, for their lands. This integrity and uprightness of conduct, secured a lasting friendship with the Canarsee Indians, which continued till the total extinction of that Tribe. These purchases were confirmed to the inhabitants of Flatbush by sundry Patents, issued to them by the Dutch and English Governors.

The inhabitants continued in the peaceable enjoyment of these premises thus obtained, without any claim, hindrance or molestation, from any person or persons, until the year 1670, when Eskemoppas, Sachem of Rockaway, and his two brothers, laid claim to the same, as the true Indian owners and proprietors thereof. There can be no doubt, that this claim was ill founded, but the Dutch inhabitants of the town for the purpose of quieting the title to their possessions, consented to take a conveyance from him and his two brothers, for which they paid a valuable consideration, which is set forth in a schedule subjoined to their deed. It may be gratifying to some to know the terms of this purchase, and the contents of this ancient document. The Deed is as follows:--"To all christian people to whom this present writing shall come: Eskemoppas, Sachem of Rockaway, upon Long Island, Kinnarimas and Ahawaham, his brothers, send greeting: Whereas they the said Sachem, Eskemoppas and his two brothers, aforementioned, do lay claim to the land now in the tenure and occupation of the inhabitants of Midwout, alias Flatbush, as well as to other lands thereto adjacent, as the right born Indian owners, and proprietors thereof: Know ye, that for, and in consideration of certain sums of seewant, a certain sum of wampum and divers other goods (hereinafter specified,) unto the said Sachem, and his brothers, in hand paid, and received, from Adrian Hegeman, Jacob Stryker, Hendrich Jorise and Jan Hansen, for and on behalf of themselves and the rest of the inhabitants of Midwout, alias Flatbush, the receipt whereof they do hereby acknowledge, and themselves to be fully satisfied and paid: Have given, granted, contracted and sold, and by these presents, freely and absolutely do give, grant, bargain and sell, unto the said Adrian Hegeman, Jacob Stryker, Hendrick Jorise and Jan Hansen, for and in behalf of themselves and the inhabitants aforesaid, their heirs aud successors: All that parcel and tract of land where the said town of Midwout stands, together with all the lands lying therein, stretching on the east side to the limits of Newtown and Jamaica, on the south side to the meadow ground and limits of Amersfort; on the west side to the bounds of Gravesend and New-Utrecht, and on the north side along the Hills; that is to say, all those lands within the limits aforementioned that have not been already purchased by any of the inhabitants of the town aforementioned, nor is granted to any in their respective Patents. And also excepting such meadow or valley in the possession of the said inhabitants and in their Patent particularly set forth. To have and to hold, all the said parcel and tract of land and premises together with all and singular, every thing thereunto belonging, or in any wise appertaining, as before mentioned, together with the said valley or meadow ground, unto the said Adrian Hegeman, Jacob Stryker, Hendrick Jorise and Jan Hansen, for, and on behalf of the inhabitants aforesaid, their heirs and successors, to the proper use and behalf of the said inhabitants, their heirs and successors forever. In witness whereof, the parties to these presents have hereunto set their hands and seals, this 20th, day of April, in the 22d, year of his Majesty's Reign, in the year of our Lord, 1670.

                     ESKEMOPPAS, L mark, (seal.)
                     KINNARIMAS, G mark, (seal.)
                     AHAWAHAM,   I mark, (seal.)
 Signed and delivered
   in the presence of
              THOMAS LOVELACE,
              CORNELIUS VAN RUYVEN.
     Recorded the day and year within written,
                     Per MATHIAS NICOLLS, Secretary.
 

The payment agreed upon for the purchase herein mentioned, was as follows: viz:

     10 Fathoms of black seewant or (wampum.)
     10 Fathoms of white seewant or (wampum.)
      5 Match coats of Duffells.
      4 Blankets.
      2 Gunners sight guns.
      2 Pistols.
      5 Double handfulls of Powder, (gispen bunches of
                powder.)
      5 Bars of Lead.
     10 Knives.
      2 Secret aprons of Duffells, (Cuppas of Duffell.)
      1 Half fat or half barrell of Strong Beer.
      3 Cans of Brandy.
      6 Shirts.
All the above particulars were received by the Sachem, and his two brothers, in the presence of the persons under written, as witnesses hereof.

         John Manning,
         Sylvester Salisbury,
         John Hough,
      Jacob Van Cortlandt,|Supposed Judges or
      Teunis Jacob Hay,|Justices of the Peace.
      Edward Carlisle.|
Acknowledged before me, the Sachem and his two brothers, and the goods delivered in my presence, the day and year within written.

                             FRANCIS LOVELACE."
It was one of the provisions of the Duke's Laws, that no purchase of land from the Indians should be valid without a licence from the Governor to make such purchase, and the purchaser was required to bring the Sachem or right owner, before the Governor, to confess satisfaction. It was in accordance with this provision, that not only Justices were appointed to superintend the above purchase, but the Sachem and his brothers appeared before Governor Lovelace, and in his presence the payments were made, and the purchase concluded. The provisions relative to purchases from the Indians, to which we have alluded, were subsequently adopted, and embodied in a specific act, by the first Colonial Assembly, which met in the year 1683, under Governor Dongan.

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 increase of their population it should be needed. They remained 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 Sessions, 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 comonage shall pay their equall proportion of the purchase money to the Indyans and costs of this suite."
It was probably in consequence of this suit, that the inhabitants of Flatbush sought and obtained a separate patent 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 condition of the payment of a certain quit rent to the Governor, which opinion is confirmed from the fact, that complaint 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 occupy these and other different parts of New-Jersey.