A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
The most important source for the province is the _Documents
Relating to the Colonial History of New York_ (Albany, 1856-83),
edited by O'Callaghan and Fernow. Original material may also
be found in the _Records of New Amsterdam_ (New York, 1897);
Munsell's _Annals of Albany_ (Albany, 1850-59); the same
compiler's _Collections on the History of Albany_ (Albany,
1865-71); and Valentine's _Manual of the Corporation of the City
of New York_ (New York, 1843 ff.). For the Dutch period we have
O'Callaghan's _Laws and Ordinances_ (Albany, 1868); for the
proprietary government, "The Duke of Yorke's Book of Laws," in
Linn's _Charter and Laws_ (Harrisburg, 1879); earlier in Vol.
I of the _Collections of the New York Historical Society for
the Year 1809_ (New York, 1811); and recently in Vol. I of the
_Colonial Laws of New York_ (Albany, 1894), while the last-named
collection covers the period of the royal province, and is
enriched by Cumming's _Historical Note_ and his comments on the
various statutes and papers. The celebrated "Lauderdale Peerage
Case," so important for understanding the marriage law of New
York for the period between 1691 and 1772, may be found in the
English _Law Reports_, X (London, 1885); and also abridged in
Cook, _Reports of Cases Decided by the English Courts_, XXXVII
(Albany, 1887). In connection with this case several members of
the American bar submitted written opinions, and three of those
published are in the New York State Library: see Fowler, _Letter
and Opinion_ (New York, May 11, 1885); Seward, _Answers to the
Interrogations of Brodie and Sons_ (New York, June, 1885); and
Webster, _Opinion on the Law of Marriage in the Colony of New
York_ (New York, May 26, 1885). But far more conclusive than
the views of the witnesses and expert advisers called at the
trial is the remarkable paper of Rev. John Rodgers, found in the
cabinet of President Stiles by the historian Holmes, entitled "A
brief view of the state of religious liberty in New York 1773,"
in 2 _Mass. Hist. Coll._, I (Boston, 1838).
Public-domain text, read in full here on John Shaqi.
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