New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
There was a well-known Dutch saying which referred to this privilege,
_Den Sleutel op het graf leggen_, and simply meant not to pay the
debts of the deceased.
This legal term and custom is of ancient origin. In Davies’ “History
of Holland” we read of a similar form being gone through with in
Holland in 1404, according to the law of Rhynland. The widow of a great
nobleman immediately after his death desired to renounce all claim on
his estate and responsibility for his debts. She chose a guardian, and,
advancing with him to the door of the Court (where the body of the dead
Count had been placed on a bier), announced that she was dressed wholly
in borrowed clothing; she then formally gave a straw to her guardian,
who threw it on the dead body, saying he renounced for her all right
of dower, and abjured all debts. This was derived from a still more
ancient custom of the Franks, who renounced all alliances by the
symbolic breaking and throwing away a straw.
In other states of the Netherlands the widow gave up dower and debts
by laying a key and purse on the coffin. This immunity was claimed by
persons in high rank, one being the widow of the Count of Flanders.
In New England (as I have told at length in my book, “Customs and
Fashions in Old New England,”) the widow who wished to renounce her
husband’s debts was married in her shift, often at the cross-roads, at
midnight. These shift-marriages took place in Massachusetts as late as
1836; I have a copy of a court record of that date.
I know of but one instance of the odious and degrading English custom
of wife-trading taking place in New York. Laurens Duyts, an agent for
Anneke Jans in some of her business transactions, was in the year 1663
sentenced to be flogged and have his right ear cut off for selling
his wife, Mistress Duyts, to one Jansen. Possibly the severity of the
punishment may have prevented the recurrence of the crime.
Public-domain text, read in full here on John Shaqi.
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