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 Flatbush 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 following 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 inhabitants of fflatlands, complayning that the inhabitants of Flatbush have trespassed upon the land belonging to fflatlands aforesaid, contrary to an award made and agreed upon between both towns, and an order of court punctually to observe the same, which being proved by the constable, 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 Sessions, 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 Flatlands complain of the inhabitants of Flatbush, for trespassing 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 agreement. Severall debates arising about running the line, the court being satisfyed the inhabitants of Flatbush committed 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 extracts 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 belonging 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 laying claim to him, the court order ye man shall be appraised 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 request of some of the inhabitants of Flatbush, this court doe order, that the constable of the town give speedy notice 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 persons, 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 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 distress." 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.
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 Berrian, 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 disadvantages to the inhabitants of the county, who might have judicial 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 Flatbush, in 1686, for the accommodation of the county, on the spot of ground which is still called the courthouse lot. It remained till a larger one was built in the year 1758, an account of which we shall subsequently give.
A controversy arose as early as 1678, between Flatbush and Brooklyn, relative the boundary line between the respective towns. The northern boundary of the town of Flatbush according to their purchase from the Indian 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 extended 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 construction 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 decision 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, referred 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 betwixt 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 subsequently 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 delight 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 following: "To satisffie whom itt may concerne, that I being with Mr. Jacobus Cortland, about the 20th, day off November, 1684, imployed by Breuckland and Fflackbush, to vew and run out the line betweene the two townes, to the south of the hills, found that the line run
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 direction, 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 centre was denominated Dorp, or the Town. The Dutch words appropriated to either end of the village were appropriate, 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 cultivate. 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 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, including 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 westernmost 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