New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
As the punishments accorded for crimes were not severe for the
notions of the times, it is almost amusing to read some fierce
ordinances,--though there is no record of any executions in accordance
with them. For instance, in January, 1659, by the Director-General
and Council with the advice of the burgomasters and _schepens_ it
was enacted that “No person shall strip the fences of posts or rails
under penalty for the first offence of being whipped and branded, and
for the second, of punishment with the cord until death ensues.” It
is really astonishing to think of these kindly Dutch gentlemen calmly
ordering hanging for stealing fence-rails, though of course the matter
reached further than at first appeared: there was danger of a scarcity
of grain; and if the fences were stolen, the cattle would trample
down and destroy the grain. Later orders as to fences were given which
appear eminently calculated to be mischief-making. “Persons thinking
their neighbors’ fences not good, first to request them to repair;
failing which to report to the overseers.” In 1674 all persons were
forbidden to leave the city except by city-gate, under penalty of
death; this was of course when war threatened.
The crime of suicide was not without punishment. Suicides were
denied ordinary burial rites. In Dutch days when one Smitt of New
York committed suicide, the _schout_ asked that his body be drawn on
a hurdle and buried with a stake in his heart. This order was not
executed; he was buried at night and his estates confiscated. When Sir
Danvers Osborne--the Governor for a day--was found dead by his own act,
he was “decently interred in Trinity churchyard.”
Women in New York sometimes made their appearance in New York courts,
as in those of other colonies, in another rôle than that of witness
or criminal; they sometimes sat on juries. In the year 1701, six good
Albany wives served on a jury: Tryntje Roseboom, Catheren Gysbertse,
Angeneutt Jacobse, Marritje Dirkse, Elsje Lansing, and Susanna Bratt.
They were, of course, empanelled for a special duty, not to serve on
the entire evidence of the case for which they were engaged.
Many old records are found which employ quaint metaphors or legal
expressions; I give one which refers to a custom which seems at one
time to have been literally performed. It occurs in a commission
granted to the trustees of an estate of which the debts exceeded the
assets. Any widow in Holland or New Netherland could be relieved of all
demands or claims of her husband’s creditors by relinquishing all right
of inheritance. This widow took this privilege; it is recorded thus:--
“_Whereas_, Harman Jacobsen Bamboes has been lately shot dead,
murdered by the Indians, and whereas the estate left by him _has
been kicked away with the foot by his wife who has laid the key on
the coffin_, it is therefore necessary to authorize and qualify some
persons to regulate the same.”
Public-domain text, read in full here on John Shaqi.
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