COMMON LANDS, AND THE DIVISION THEREOF.
The town having acquired so great an extent of Common land by the purchase of 1670, from the Indians, the inhabitants thought proper to take some order for the division and defending thereof, together with their other lands—accordingly, “at a Town meeting held the 25th day of February, 169⅔, att Breuklyn, in Kings County. Then Resolved to divide their common lands and woods into three parts, in manner following to witt:
1. All the lands and woods after Bedford and Cripplebush, over the hills to the path of Newlotts shall belong to the inhabitants and freeholders of the Gowanis, beginning from Jacob Brewer and soe to the uttermost bounds of the limits of New-Utrecht.
2. And all the lands and woods that lyes betwixt the abovesaid path and the highway from the ferry towards Flattbush, shall belong to the freeholders and inhabitants of Bedford and Cripplebush.
3. And all the lands that lyes in common after the Gowanis, betwixt the limits and bounds of Flatbush and New Utrecht shall belong to the freeholders and inhabitants of Brooklyn, fred. neck, the ferry and the Wallabout.” This proceeding of the Town meeting was allowed of by the Court of Sessions, held at Flatbush, on the 10th day of May, 1693.
The following will serve to shew the manner in which the inhabitants of this town elected the Trustees of their common lands, and the duties of those Trustees. “Att a towne meeting held this 29th day off Aprill, 1699, at Breucklyn, by order off Justice Machiel Hanssen, ffor to chose townsmen ffor to order all townes busines and to deffend theire limitts and bounds and to dispose and lay out sum part thereoff in lotts, to make lawes and orders ffor the best off the inhabitants, and to raise a small tax ffor to defray the towne charges, now being or hereaffter to come, to receive towns revenues and to pay townes debts, and that with the advice off the Justices off this said towne standing the space and time off two years. Chosen ffor that purpose by pluralitie off votes. Benjamin Vande Water, Joores Hanssen, Jan Garretse Dorlant.
By order of inhabitants afforesaid
J. VANDE WATER, Clarke.”
These proceedings were recorded by order of the Court of Sessions, on the 9th day of May, 1699.
The following proceeding is curious, setting forth the ancient practice of tradesmen cutting down timber in the public woods, and the regulations made respecting the same. It appears that directly after the Trustees were chosen by the above meeting they together with the Justices, held the following meeting. “Att a meeting held this 29th day off Aprill, (1699) in Breucklyn, Present, Benjamin Vande Water, Jooris Hanssen, Jan Geritse Dorlant, being choisen townsmen in the presence and with the advice off the Justices off this towne.
Considering the greate inconvenience, lose and intrest that the inhabitants off this towne have by reason that the tradesmen here living in this towne doe ffall and cutt the best trees and sully the best of our woods and sell the worke thereoff made the most part to others living withoute the towne, and that the shoemakers and others doe cutt and fall all the best treese ffor the barke, and the wood lyes and rott, and that some persons doe cutt and ffall trees for timber and ffensing stuff, and leave the trees in the woods soe cutt until they are spoilt, and that people off other towns come and cutt and fall trees ffor timber, ffensing stuff, and ffire woods, and transport the same away out off our townes bounds and limitts, and that without leave or consent off the towne, soe that in the time off ffew yeares there shall bee no woods leaved ffor the inhabitants ffor timber or ffensing stuff to the ruine off the said towne. It is thereffore ordered, That ffrom the date hereoff no tradesman shall make any worke ffor to sell to others without thee towne, ffrom wood soe cutt as afforesaid as only ffrom old wood.
That no shoemaker or others shall cutt or ffall any trees ffor to barke in the common woods uppon the penaltie off ffive pound ffor every tree soe cutt.
That no men shall leave any timber, ffensing stuffe, or other wood in the woods longer as six weeks affter itt is cutt, uppon the penaltie, that itt shall be ffree ffor others to take and carry the same away as theire owne wood. And that iff any one off other townes shall be ffounden within our townes limitts to cutt or carry away any sorts off woods ffor timber, ffensing stuff or ffire wood, that itt shall bee ffree ffor any one off this towne to take it away and to take out writ to arrest, or to apprehend such offender or offenders presently, and that the Justices off this towne shall answer the action as iff itt were done by theire owneselves,[12] These proceedings were also recorded by order of the Court of Sessions.
“Towne meeting held this 5th day off May, 1701, by order off Justices Cornelis Sebringh and Machiell Hanssen. We the major part off the ffreeholders off Breucklyn doe hereby nominate, constitute and appoint Capt. Jooris Hanssen, Jacob Hanssen and Cornelis Van Duyn, to bee trustees of our Common and undivided lands, and to deffend and maintaine the rights and privileges off our General pattent, as well within as without.”
“Towne meeting held this 2d day off February, 1701-2, by order off Justice Cornelis Sebringh. Purposed iff the order off Bedford, made the 12th day off April, 1697, shall bee conffirmed concerning the lying out of the common or undivided lands or that the said land shall bee lyed out according to the last tax, concerning the deffending off our limitts.
Resolved by the ffreeholders aforesaid, that the chosen townsmen shall ley out the commens according as by the said order off Bedford was concluded, with the ffirst opportunitie, and that all the lotts joyning to the common woods shall be surveyed according to their grants.”
The following Resolution was passed for defending those inhabitants to whom portions of the Common lands were allotted, in their enjoyment of the same. “Att a Towne meeting held att Brookland, in Kings County, this 14th day of March, 1701-2. Present, Machiel Hanssen, Cornelis Sebringh, and Hendrick Vechten, Esquires, Justices.—Resolved, by the major part of the freeholders of the said towne of Brookland, that every man that has now a right, lott, or lotts laid out in the quondam Common and undivided lands of Brookland aforesaid, shall forever free liberty have for egress and regress to his said lotts for fetching off wood or otherwise, over all or any of the said lott or lotts of the said freeholders in the lands aforesaid. And further, that if any of the said freeholders shall at any time or times hereafter, come by any loss or trouble, cost or charges by lawe or otherwise, of, for or concerning the title of any of their said lott or lotts, by any person or persons, either within the township of Brookland afforesaid, or without, that it shall be defended and made goode, (if lost) att all the proper costs and charges of all the freeholders of said towne equally.”
It appears that all the Common lands of this town had been divided among the freeholders, and a portion annexed to each house in the town.—A deed dated the 17th of April, 1705, after conveying a house and lot of land in this town, conveys “alsoe all the rights and priviledges in the common woodlands of the towne of Broockland aforesaid, to said house, belonging as per record of said towne may appear.[13]
These lands, in the month of February, 1701-2, were surveyed by Pieter Corteljeu and S. Clowes, two surveyors, and divided by them into three divisions. The first or west division consisted of 62 lots, containing about 5 acres each, about 310 acres. The second or middle division of 62 lots, containing about 10 acres each, about 620 acres; and the third or east division also of 62 lots, containing about 10 acres each, about 620 acres.—Total number of acres about 1550.