New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
Marriage fees were not very high in colonial days, nor were they
apparently always retained by the minister; for in one of Domine
Selyns’s accounts of the year 1662, we find him paying over to the
Consistory the sum of seventy-eight guilders and ten stuyvers for
fourteen marriage fees received by him. The expenses of being married
were soon increased by the issuing of marriage licenses. During the
century dating from the domination of the British to the Revolutionary
War nearly all the marriages of genteel folk were performed by special
permission, by Governor’s license, the payment for which (a half-guinea
each, so Kalm said) proved through the large numbers a very welcome
addition to the magistrates’ incomes. It was in fact deemed most
plebeian, almost vulgar, to be married by publication of the banns for
three Sundays in church, or posting them according to the law, as was
the universal and fashionable custom in New England. This notice from a
New York newspaper, dated December 13, 1765, will show how widespread
had been the aversion to the publication of banns:--
“We are creditly informed that there was married last Sunday evening,
by the Rev. Mr. Auchmuty, a very respectable couple that had published
three different times in Trinity Church. A laudable example and worthy
to be followed. If this decent and for many reasons proper method
of publication was once generally to take place, we should have no
more of clandestine marriages; and save the expense of licenses, no
inconsiderable sum these hard and depressing times.”
Another reason for “crying the banns” was given in Holt’s “New York
Gazette and Postboy” for December 6, 1765.
“As no Licenses for Marriage could be obtained since the first of
November for Want of Stamped Paper, we can assure the Publick several
Genteel Couple were publish’d in the different Churches of this
City last Week; and we hear that the young Ladies of this Place are
determined to Join Hands with none but such as will to the utmost
endeavour to abolish the Custom of marrying with License which Amounts
to many Hundred per annum which might be saved.”
Severe penalties were imposed upon clergymen who violated the law
requiring license or publication ere marriage. The Lutheran minister
performed such a marriage, and the _schout’s_ “conclusion” as to the
matter was that the offending minister be flogged and banished. But as
he was old, and of former good services, he was at last only suspended
a year from power of preaching.
Rev. Mr. Miller, an English clergyman writing in 1695, complains that
many marriages were by justices of the peace. This was made lawful by
the States-General of Holland from the year 1590, and thus was a law in
New Netherland. By the Duke’s Laws, 1664, it was also made legal. This
has never been altered, and is to-day the law of the State.
Public-domain text, read in full here on John Shaqi.
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