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
"Therefore, after proper invocation of the Lord, the
Director-General and Council of _New Netherland_, in the name
and behalf of their Noble High: Might: the Lords-States-General
of the _United Netherlands_ and of the Noble Lords-Directors of
the Privileged West India Company administering justice at the
requisition of the Fiscal, declare, that the Fiscal's charges are
true and founded in law and therefore the marriage of _Johannis van
Beecq_ and _Maria Verleth_, solemnized at _Greenwich_ and confirmed
by an unauthorized person contrary to the laudable laws and customs
[Footnote 820: See the reference to power of attorney in
Stuyvesant's letter, p. 269, above.]
[Footnote 821: FERNOW, _Doc. Rel. to Col. Hist. of N. Y._, XIV,
291.]
From the evidence already presented it is perhaps not rash to infer
that marriage by mere private consent, in words of the present
tense, was not valid in New Netherland. Publication of banns
and celebration before an authorized person were essential. The
principle, therefore, of the English common-law marriage did not
obtain. It had been superseded by statute. These records afford
other evidence to sustain this conclusion. Thus in February, 1662,
William Beeckman, of "Fort Altena on the South-River," writes to
Stuyvesant and the council, complaining that one Laers, a Finnish
priest, who was granted a divorce from his wife two months before,
has "married himself again last Sunday"--an act "which in my opinion
(under currection) he has no right to do. I expect your Honors'
orders, how to conduct myself in regard to it."[822] As a result the
marriage was declared to be "null, void, illegal;" seemingly on the
ground that self-marriage was not tolerated by the usages of the
Reformed church. Clearly in the opinion of the court the performance
of the ceremony by a person legally competent was necessary to a
valid contract. It is possible, however, that the decree was unjust
because of unfair representation of the facts by Beeckman, who is
accused of being a tyrant. In a letter to Stuyvesant, remonstrating
against his treatment, Laers says: "I cannot discover anything
illegal in it [his conduct]. I acted just in the same manner as I
had done before in respect to others; exactly as others do who are
not prosecuted for it, and I can conscientiously assure you that it
was done without any evil intentions. Had I known that my marrying
myself in this manner should have been so unfavorably interpreted, I
should have submitted to the usage of the Reformed Church. But I did
not know it. Wherefore I pray once more the honorable general that
he will vouchsafe me his aid."[823]
[Footnote 822: _Ibid._, XII, 359, 360. The case is also discussed
by GERARD, _The Old Stadt Huys of New Amsterdam_, 390, 391.]
Public-domain text, read in full here on John Shaqi.
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