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
"Whereas, the Director-General and Council of _New Netherland_
have heard the charge of the Fiscal against _Johannis van Beecq_,
a free merchant and inhabitant of this City of _New Amsterdam_,
defendant, who has been duly summoned by the Court Messenger
_Elslandt_ in the name of the Fiscal on three Court days and who has
had himself married by an unauthorized countryman, named _Goodman
Crab_, living at _Greenwich_, against the laudable laws and customs
of the _United Netherlands_ and, as the Fiscal further states and
proves in his charge, contrary to the advice and command of his
lawful guardian,[820] the Hon^{ble} Director-General, also without
previously publishing the bans and who has so far failed to make his
appearance, of _Netherland_ and without previous publication of the
bans, is hereby declared ... unlawful and the said _Jan van Beecq_
and _Maria Verleth_ are commanded to live separate under penalty of
being punished according to law for living in concubinage."[821]
[Footnote 814: For a discussion of the divorce jurisdiction of
the Dutch courts see chap. xv, below.]
[Footnote 815: VALENTINE, _Manual of the Corporation_, 1845-46,
368; _Records of New Amsterdam_, I, 155.]
[Footnote 816: While these proceedings were in progress,
another appeal, growing out of the case, came from the schout,
burgomasters, and schepens, in the city hall, special session of
Feb. 8, 1656. Case of "Maria Verleth, pltf. v. Joost van Beeck,
deft." The defendant maintains, as the marriage between Johannis
van Beeck and Maria Verleth is not yet declared legal, that
certain "letters are not her's, until the marriage be legalized."
But should the marriage be declared lawful by the court, supreme
council, and consistory, he consents that she shall have them.
He only wants his right. The court lets Maria have the letters
provisionally, because it has never been informed that the
marriage has been declared illegal, and it has already announced
that it must respect the proclamation of the church and the
"marriage tie of said young people."--_Records of New Amsterdam_,
II, 36.]
[Footnote 817: _Ibid._, I, 159, 160.]
[Footnote 818: _Ibid._, 164, 165. Earlier on the same day, the
record says, van Beeck prays "that disposal be made of petition
and remonstrance;" but no action was taken because the bench was
not complete: _ibid._, 163, 164.]
[Footnote 819: _Records of New Amsterdam_, I, 173, 174.]
"And whereas the Fiscal demands by his motion, exhibited on the
1st of September, 1654, that the said _van Beecq_ be condemned in
contumacy,
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