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 following document of 1655, contained in Fernow's collection
relating to the plantations on the Delaware when under the Dutch
jurisdiction, may serve to illustrate the prescribed formality in
applying for publication of banns:
"Appears Toms Broen, as father and guardian of his daughter,
Jannetje Tomas and consents to the marriage between her and Willem
Mauritz here present and requests that their legal bans might be
published; the names being, of the bridegroom Willem Mauritz,
bachelor, from Walle Schier, about 33 years old, of the bride
Jannetje Tomas, spinster, born in New-Netherland, about 16 years
old. Witness Stuyte Andries."[812]
[Footnote 812: Addressed to the vice-director and his council:
FERNOW, _Doc. Rel. to Col. Hist. of N. Y._, XII, 137 (Dec. 29,
1655). For a similar application see _ibid._, XII, 153, 154. For
further record of entry of banns before the "mayor of New York"
(1670-71) see _Records of New Amsterdam_, VI, 262, 334.]
From the same collection, two years later, we learn that "Laurens
Pieters bachelor from Lier and Catlyne Jans of Gottenburch in Sweden
were confirmed in marriage after proclamation of banns on the
previous Sundays."[813]
[Footnote 813: Dec. 24, 1657: FERNOW, _loc. cit._, 156.]
The civil courts in New Netherland possessed full jurisdiction in
all suits or matrimonial causes, including cases of separation
and divorce.[814] For an understanding of the relation of the
lower and higher courts, the procedure in such cases, and the
details of the law, the often-mentioned case of Johannis van Beeck
and Maria Verleth is instructive. The facts in this case appear
to have been the proximate cause of the ordinance of 1654/5 and
the letter of Stuyvesant already submitted. It is all the more
interesting because it involves the double question of irregular
banns and unlawful celebration, as shown by the final decree. On
January 26, 1654, takes place the first step in the proceedings.
Cornelis van Tienhoven, the schout, lodges formal complaint before
the burgomasters and schepens of New Amsterdam against the court
of Gravesend for illegally "granting and confirming the Banns of
Matrimony betwixt Johan van Beeck and Maria Verleth, who both have
their domicil in and about this city of New Amsterdam;" suggesting
that such conduct tends to the infringement of the good policy of
the fatherland, as also the privileges and jurisdiction of the
city, and to prepare a way for sons and daughters to go secretly
and get married. In reply, says the record, the "Burgomasters, and
Schepens ... do hereby refer the foregoing complaint and proposition
made by Cornelis van Tienhoven, in quality as Schout, to their
High Mightinesses the Director-General and Councillors of New
Fetherland."[815] But this did not end the matter.[816] On February
10, pending the decision of the higher court, van Beeck petitioned
the burgomasters and schepens "that his bans with Maria Varleth
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