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
part of her body being stripped naked, and two rods placed in her
hand; to be afterwards conducted, in that wise, outside the city
gates, and banished the province for the term of thirty years, with
costs.' Moreover, Iva Dircksen, for adultery, was 'to be conducted
to the place where justice is administered, and there to witness the
punishments inflicted this day, and then to be banished for the term
of fifty years.'"[827]
[Footnote 826: O'CALLAGHAN, _Laws and Ordinances_, 495.]
[Footnote 827: COWLEY, _Our Divorce Courts_, 33, 34; citing _New
York Colonial MSS., 1630-1664_: Dutch: Part I, Vol. VIII, 1049,
1051, 1653, 1055, 1057.]
Breach of promise suits are not infrequent. Sometimes it is the
faithless swain who is prosecuted for his broken troth; as in
1669, when Elizabeth Stedwill called Jan Hendrix van Gunst to
account;[828] or when Maria Besems seeks pecuniary satisfaction
for the like offense of Boudewyn van Nieuwland.[829] Sometimes it
is the maid who asserts the woman's privilege, if not her legal
right, to change her mind; as in the case of Pieter Koch _v._
Annetie Cornelissen van Vorst, which took place in New Amsterdam,
1653-54, and may serve as an example. On February 24 the defendant's
stepfather delivers her "papers" to the burgomasters and schepens,
who order that each party shall have a copy of the other's papers,
and that the defendant shall appear in person. Then the case drags
along for nearly a year, over no less than eight sessions of the
court, before the pleadings and other preliminaries are finished.
At last, on February 19, 1654, the papers are sent by the lower
court to the director-general and council for advice. Apparently
in consequence of this advice the documents are then submitted to
a special committee of three men, who hand in their report on the
18th of the following May. Upon this report the decision of the
burgomasters and schepens was based, though they resolved to keep
the judgment in "abeyance" until "requested" by the parties to the
suit. From the records it appears that there was an oral promise of
marriage; that the plaintiff had given presents to his betrothed;
and that she, because of his "misbehaviour," was not disposed to
keep her engagement. The court, however, decided that a promise once
given should remain in force. Neither person without the consent
of the other and the approbation of the court should marry. The
defendant was allowed to keep her presents until marriage or until,
with the knowledge of the magistracy, the betrothed should set each
other free. Costs were to be borne equally by the parties.[830]
[Footnote 828: _Records of New Amsterdam_, VI, 203.]
[Footnote 829: GERARD, _The Old Stadt Huys_, 27. _Cf. ibid._, 26,
27, where cases of breach of promise are mentioned in 1642, 1644,
1653, and 1656.]
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