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
[Footnote 806: O'CALLAGHAN, _Laws and Ordinances_, 152, 153. For
this ordinance see also _New York Colonial MSS._, XII, 40; and
compare _ibid._, IV, 456; V, 197; VIII, 647. Consult WEBSTER,
_Opinion on the Law of Marriage prevailing in the Colony of N.
Y._, 1772, 19, 20 (Lauderdale Peerage Case), who discusses these
ordinances.]
This important measure was supplemented by another four years later.
The preamble recites that it had become common for betrothed persons
to put off marrying for a long time after the proclamation of their
banns, "which is directly in contravention of, and contrary to the
excellent order and customs of our Fatherland." Therefore it is
ordered that thenceforward all persons must be married within one
month after publication, unless they can give a good excuse.[807]
Light is thrown on the real motive for the adoption of this act by
its provision that no man and woman are henceforth to live together
until lawfully married. It seems to have been the custom, in too
many instances, for betrothed couples whose banns had been asked
the first time to begin living together as if already man and
wife. They looked upon themselves as at least half married; and we
are thus confronted by a state of affairs strikingly similar to
that which we have found existing in New England in consequence
of the laws governing pre-contract. Doubtless couples through
indifference, the refusal to fulfil the contract on the part of an
unscrupulous lover, or for other reasons, were now and then led
to protract the irregular marital relation beyond the completion
of the term prescribed for the publication of banns. Moreover, as
in New England, the custom of queesting or bundling imported from
the old home may have proved a snare for the unwary feet of the
young men and maidens of New Netherland. Indeed, the practice of
bundling has been assigned by New York writers as the proximate
cause of the singular provision referred to. "It was one of the
ordinances of the time," says Valentine, "that upon an agreement of
marriage, the bans should be published from the pulpit three times,
before the marriage could be solemnized. Impatient of the delay,
however, the youthful couple were often inclined to be satisfied
with their moral obligations towards each other, and to waive the
immediate fulfillment of the legal ceremony; in the meantime ... the
indulgence of cohabitation, then called 'bundling,' was practiced.
It was for a long time winked at by the community, but its violence
against the tenets of propriety was obvious, and at the time [1656]
before spoken of, in which the city authorities resolved to set
themselves to the reformation of abuses, this custom came under
their prohibatory decrees." There were "those who still maintained
its advantageous results, even though the contract of marriage were
subsequently violated. The latter instances, it was contended, were
comparatively few, and were set off by the increase of population
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