upon the matter submitted. If the said Honorable Governor and Council should not yet have received it, then he is to propose and ask for a provisional continuation of the commerce and intercourse between the two places, a free pass or safeguard signed by the Honble Governor for some of our merchants and their yachts, to pay and collect debts among inhabitants of Virginia, as we on our side have given and are still willing to give passes to come and go to the ships and yachts coming to us from Virginia. All this to be only provisionally, until on either side we shall have received orders to the contrary from our superiors and countermanded the provisional passes, of which such ships and yachts might be informed six or eight days before hand, that thus private losses, general injury and further differences between nation and nation might be prevented. If this cannot be obtained, then he shall ask for a free pass for one ship to bring back our envoy free and unmolested by the Parliament ships. We further promise by this our open letter and commission to ratify and carry out all that may be covenanted and concluded in this matter between the said Honorable Governor, his Council and our present envoy Domine Samuel Drisius. Done at New Amsterdam in New Netherland, the 16th of December 1653. By order CORNELIS VAN RUYVEN, P. STUYVESANT. Secretary. ANSWER OF THE DIRECTOR-GENERAL AND COUNCIL TO THE REMONSTRANCE OF THE MERCHANTS' COMMITTEE OF NOVEMBER 28th CONCERNING THE NEW TRADE-REGULATIONS. The supplicants might justly be referred to the former decisions given by the Director-General and Council to their first request of the 22 of November 1653 and pursuant to its tenor once more be directed, to show cause, why 100 to 120 pet are not sufficient advance upon goods and merchandises imported here from the Fatherland, agreeably to the published orders, considered and made not only by the Director-General and Council alone, but also by the Deputies of the respective Dutch Colonies and districts of this Province, without whose knowledge and advice the orders and rules cannot nor ought to be countermanded or annulled. But in consideration of the present juncture the Director-General and Council have ordered their Fiscal to use all possible moderation, until the aforesaid order has been communicated to the Lords-Directors and their ratification thereof has been obtained or until the Director-General and Council with the said Deputies of the respective Dutch Colonies and districts shall have given other directions and the matter has been further considered. Adi 24 Xber 1653. By order of the Director-General and Council. ORDINANCE RELATING TO MARRIAGES. (See Laws and Ordinances of New Netherland, p. 152). LETTER FROM PETRUS STUYVESANT AND THE COUNCIL TO THE MAGISTRATES OF GRAVESEND WITH THE ABOVE ORDINANCE. Worthy and dear friends. I received in due time your letter of the 13th inst. sent to me by the Fiscal, which has been communicated to the High Council. We have been very much astonished, that you arrogate to yourself the publication of marriage-proclamations within your village without our or the Council's knowledge, in cases where both parties live beyond the jurisdiction of your village. As to the allegation, made by you, that the person is a freeman of your village, he is the same in the City of Amsterdam and here in this City and for this reason must the marriage-proclamation be reported and published here as well as there according to the customs of our Fatherland. We do not deny, that matrimony is ruled by divine and by human laws, but they who enter upon this state must do it according to these divine and human laws, with the consent or knowledge of their parents, tutors or guardians and then notify thereof the Commissary, appointed by higher authority, at the place where they reside or where they have previously been living during the last year. Your final request, that we should send you a copy of the order and power of attorney, which his father has given us concerning this son, is not complied with, as we do not think ourselves bound to do it, considering yours being a subordinate jurisdiction and subject to us; besides the father would be displeased and it would be unreasonable in us, to communicate to others, what an honest and prominent man has written to us in a detailed letter. Thus much in answer to your open letter. This further serves as cover of the enclosed order and resolution made by us and the Council, which you must promptly obey, not because we wish to prevent the marriage, but that according to divine and human laws and ordinances they may be put in practice, proclaimed and affixed, at the proper place and without infraction of anybody's rights.* Relying thereupon we commend you with cordial greetings to God's protection and remain January 20, 1654. P. STUYVESANT. * A majority of the early settlers of New York hailing from Guilderland, the laws of that Province in regard to marriages naturally prevailed. In Guelderland a marriage was void, if the express consent of the father, or if dead of the mother had not been obtained for the marriage of a son. With regard to daughters the law was still more rigorous; even a marriage, entered into by a girl with parental consent, did not emancipate her from parental authority, if she was still under age at her husband's death: she had to place herself again under the gurdianship of her father or mother. Neither were parents obliged to give before a Court of Justice any reasons in case they refused consent. This law had its foundation in the Codex Justinianus.--B. F. PETITION FROM THE BURGOMASTERS AND SCHEPENS OF NEW AMSTERDAM FOR THE PRIVILege of NOMINATING A DOUBLE NUMBER, FROM WHICH THEIR SUCCESSORS MIGHT BE SELECTED AND ANSWER OF THE DIRECTOR AND COUNCIL DENYING THE REQUEST. To the Very Worshipful, Noble, Honorable Show with due respect and humility the present Burgomasters and Schepens of this City of New Amsterdam: Whereas the petitioners have now served this City of New Amsterdam in their aforesaid capacity for one year pursuant to the instructions given by your Honble Worships and the election is now before the door, they very submissively request, that your Honble Worships will be pleased to consent, that a double number may be nominated by the aforesaid Burgomasters and Schepens, from which the proper number of new Burgomasters and Schepens could be chosen and commissioned by your Honble Worships, so that the Board would be complete. Also, that your Honble Worships will please to take into their wise consideration, what salary the Burgomasters and Schepens should have for their service; if this is decided, the means could be collected with other taxes from the community. In expectation of your Honble Worships favorable disposition we remain New Amsterdam in New Netherland Jan 27, 1654. Your Honble Worships Obedient servants ARENT VAN HATTEM, MARTIN CREGIER, P. LEENDERTSEN VAN DER GRIFT, WILH. BEECKMAN, ANNO 1654. JANUARY 28th AT NEW AMSTERDAM. The Director-General and Council have taken into consideration the request of the Burgomasters and Schepens and for weighty reasons have resolved and decided, to refuse and delay the application concerning the nomination and to continue in office the present Burgomasters and Schepens for the sake of peace and harmony during another year and only to appoint to the vacant positions two other honest and capable men, having selected for this purpose Jochem Pietersen Kuyter and Oloff Stevensen Cortlandt. As to the other request, taking in consideration the troubles and anxieties with the loss of time and private expenses of the Burgomasters and Schepens, in their official positions, being mostly men who have to provide for their families either by trade, agriculture or manual labor, the Director-General and Council consent to it and agree, that the Burgomasters shall henceforth draw, according to their petition, from the City's revenues and have as salary the sum of three hundred and fifty guilders annually and the Schepens two hundred and fifty guilders. Enacted at the session of the Director-General and Council of New Netherland held at New Amsterdam on the day and year as above. P. STUYVESANT. NICASITS DE SILLE, C. VAN WERCKHOVEN, ORDINANCE REGULATING THE IMPORT-DUTIES ON DUFFELS AND OTHER INDIAN GOODS, WINE, BEER, ETO PASSED JANUARY 28th, PUBLISHED JULY 24, 1654. (See Laws and Ordinances of New Netherland, p. 153.) ORDER TO THE MAGISTRATES OF GRAVESEND CONCERNING THE PUBLICATION OF BANS AND THE SOLEMNIZATION OF MARRIAGES. The Director-General and Council of New Netherland to all who shall see this Greeting. Know ye, that they have commissioned, authorized and directed, as they herewith commission, authorize and direct the sworn Court messenger Klaes van Elslandt, the elder, to proceed on receipt hereof to the village of Gravesend and to insinuate to and inform the Magistrates there, that they must not undertake to publish and affix any marriage proclamation or bans, much less confirm any marriage among persons, of whom the man or the woman, groom or bride, are not residents or have not lived within the jurisdiction of their village during the last year, unless there has been first exhibited to them a proof or document, signed either by a Magistrate or a beadle or a Commissary thereto qualified by the Supreme Government, that such persons have conformed to the laws, ordinances and rules of Netherland, which must be observed here and have had their intention proclaimed without interference during three consecutive weeks at the place, where both or one of them are residents or have lived during the last year. If the said Magistrates should continue to act contrary to this insinuation and our former express prohibition and contrary to all general and special edicts, ordinances and rules prescribed by the civil laws of our Fatherland as well as by Imperial statutes, then the Director-General and Council declare for the present such a manner of marrying unlawful, as contrary to all civil and political laws and ordinances, in force here, in our Fatherland and among all our Christian neighbors. New Amsterdam in N. N P. STUYVESANT. LETTER FROM THE DIRECTOR AND COUNCIL TO THE MAGISTRATES OF GRAVESEND SENT WITH THE Worthy Friends. FOREGOING ORDER. On the 19th of January we made a certain order and resolution and in the shape of a mandamus sent it to you with a letter from the Director-General by a private party; in consequence we do not know, whether the order contained in our aforesaid resolution has been obeyed and carried out pursuant to its good intentions and purport. According to the verbal reports of people specially interested therein and judging from your last letter of the 224 of January, directed to the Honble Director-General personally in answer to his letter, you seem not to have well understood our meaning and intention and on that account not to feel bound nor inclined to carry it out, because in your opinion it is contrary to your patent and privileges, an infraction of which we by no means intend. We have therefore concluded to send you by an officer, namely our sworn Courtmessenger, our further resolution and insinuation, renewing the former and instructing you, how to publish marriage proclamations of persons, of whom one or both are residents of and have lived during the last year in another place, village or jurisdiction. It is contrary to and offends all political and civil laws, not only of Netherland and other adjoining countries and provinces, but also against all customs and usages of this province and even of New England, who all unanimously agree and concur, that they who desire to enter the state of matrimony must give notice of their bans and proclaim their intended marriage and have them published on three consecutive days of prayer or of court-session, not in another jurisdiction, but in the jurisdiction, place or village, where they both are residents and have lived the last year, and if the persons desiring the publication of their bans are residents of different villages, places or districts, such bans must be published in both places and a proof or evidence of no lawful let or hindrance existing must be produced to the Magistrates or beadles at the place, where after the publication of the bans they wish to be married, otherwise they cannot be confirmed in the married state without committing an unlawful act. We have considered it necessary to inform you hereof, that you may not violate through ignorance the political laws, ordinances and customs of our Fatherland and this country. Relying hereupon we commend you with our greetings to God's protection and remain, Amsterdam in N. N. Febry 10, 1654. Worthy Friends ORDER DIRECTING THE COURT MESSENGER TO DEMAND FROM GEORGE Baxter, former SECRETARY FOR ENGLISH AFFAIRS, ALL OFFICIAL PAPERS ETC. The Director-General and Council direct their Courtmessenger Claes van Elslandt to demand from Ensign George Baxter, at the time of the arrival and in the beginning of the administration of the present Director-General Secretary for English affairs, all such originals, copies or minutes of letters and other documents as have been passed between the Director-General and the Governors of the neighboring Colonies of New England and Virginia, also especially the protocols or copies of the patents of the adjacent English Colonies of Heemstede, Vlissingen and Gravesend, which the said Baxter has in his deposit. New Amsterdam Febry 10, 1654. P. STUYVESANT. NICASIUS DE SILLE. C. VAN WERCKHOVEN. LA MONTAGNE. |