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 830: _Records of New Amsterdam_, I, 54; see _ibid._,
167, 199, 200. It may perhaps be inferred that the couple
concluded to release each other; for only seven years after the
trial (May 24, 1661) "Annetje Dircks, widow of Pieter Koch,"
is mentioned; _ibid._, III, 310; and similar phrase is twice
repeated: _ibid._, 403; IV, 34.
There are other cases. "In 1654 Greetje Waemans produced a
marriage ring and two letters, promissory of marriage, and
requested that on that evidence Daniel de Silla be 'condemned
to legally marry her.' He vainly pleaded his unfortunate habit
of some days drinking too much, and that on those days he did
much which he regretted; among other things his bacchanalian
love-making of Greetje. François Soleil, the New Amsterdam
gunsmith, another recreant lover, swore he would rather go away
and live with the Indians (a terrible threat) than marry the fair
Rose whom he had left to droop neglected--and unmarried."--EARLE,
_Colonial Days in Old New York_, 51; and for mention of other
cases, in connection with Dutch wedding gifts, see _ibid._, 52,
53.]
It is not surprising that among a people so thrifty and sensible
as the pioneers of New Netherland the remarriage of a widow or
a widower should be accompanied, or anticipated, by prudential
measures, designed to protect the interests of the children of the
first union. For this reason the wills and marriage contracts,
specimens of which have been preserved, are of peculiar interest.
According to Stiles, a well-known investigator of deeds and wills
in Williamsburgh[831] makes the remark "that the old Dutch wills
seem not to trust the widow in a second marriage. The restraints
placed upon remarriages, by wills, were generally in favor of the
children of the first marriage; and the widows thus restricted
generally signed consents to accept the bequests in lieu of dower,
for the good reason that propriety did not allow them to refuse so
soon after the death of their first husband, and because the devises
and bequests in lieu of dower vested an estate for life, or three
thirds of the estate subject to a contingency in their own control,
instead of one third absolutely. The will of Cornelius van Catts
of Bushwick, dated in 1726, and expressed in a sort of half Dutch
dialect, devises to his wife Annetjie, his whole estate ... while
she remains his widow--both real and personal. 'But if she happen
to marry, then I geff her nothing of my estate, neither real nor
personal. I geff to my well-beloved son, Cornelius, the best horse
that I have, or else £7, 10s., for his good as my eldest son. And
then my two children, Cornelius Catts and David Catts, all heef
[half] of my whole effects, land and movables, that is to say,
Cornelius Catts heef of all, and David Catts heef of all. But my
wife can be master of all for bringing up to good learning my two
children.... But if she comes to marry again, then her husband can
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