Duke of York's Laws 1665-75

BIRTHS, MARRIAGES AND BURIALS TO BE REGISTERED.

The Names and Surnames of every Inhabitant within the Several Parrishes within this Government shall be Regestered, and to prevent future inconveniences which may arise about the age of Orphants The Certaine Marriage of Men and Women or the decease of, persons imported into this country whereof no positive Certificate can be granted, as to the age of one, Marriage of another or the Death of another, The Minister or Town Clark of every parrish shall well and truly and plainly Record all Births Marriages and Burials that shall happen within his Respective parrish, in a Book to be provided by the Churchwardener for that purpose, And if any Master of a family or other person Conscerned shall omitt the giving notice to the said Minister or Town Clark, of the Birth Marriage and Death of any to him or them Related the space of one Month Such person for his neglect shall be fined five shillings. [The words "five shillings" are not in Roslyn copy.] And the Minister or Town Clark shall have for his entry of such Birth Marriage or Death four pence, and if the Minister or Town Clark shall neglect entering the same as aforesaid he shall be fined upon Discovery made thereof to the use of the parrish.

"Duke of York's Laws, 1665-75.Laws of the Colony of New York Albany: James B. Lyon, State Printer, 1896. Page 19.


FORNICATION.

If any Person commit Fornication with any Single woman they shall both be punished by enjoyning Marriage, fine or Corporal punishment, or any of these According to the discretion of the Court.

"Duke of York's Laws, 1665-75." Laws of the Colony of New York Albany: James B. Lyon, State Printer, 1896. Page 35.


MARRIAGES.

Whereas by the Law of England no Marriage is Lawfully Consummated without a Minister whose office it is to join the parties in Matrimony after the Banes thrice published in the Church or a Lycence first had and obtained from some person thereunto Authorized, All which formality cannot be duly practiced in these parts.
Yet to the end that a decent rule therein may be preserved It is Ordained that from henceforth the names and surnames of each Party who sue for Marriage, shall be Publiquely read in their Parish Church or place of usuall Meeting, where they both then Inhabit three severall Lords days successively.
And where no Church or Meeting place shall happen to bee, a publication in writing shall first fourteen Days before Marriage upon three doors of each parish whereof the partyes Inhabit (vizt) one on the Constables the other two upon any two Doors of the Overseers of the Parish Unless they produce a Lysence from the Governour in both which Cases, and not otherwise, it shall be Lawfull for any Minister or for any Justice of Peace to joyne the Parties in Marriage, Provided that the said Partyes do purge themselves by Oath before the Minister or Justice that they are not under the Bonds of Matrimony to any other Person Living, and if it shall be after proved, that either both of the Parties are perjured, and thereby attained a Double Marriage for the said perjury the party or parties offending shall bee boared through the tongue with a red hot Iron and moreover proceeded against as in Case of Adultery is provided; But if either Party be approved Innocent as to him or her Self and Ignorant of the others wicked fraud the innocent Person shall recover damage against the nocent; and be sett at Liberty as if no such Marriage had been made.
No man shall harbour, conceal or detain Contrary to the concent of the Husband any Married woman, upon penalty of five Shillings for every hour that such Married woman remains under his Roof; after demand is made by her Husband at the Dwelling house where his wife is harboured concealed or detained.
Provided always that any woman flying from the barbarous Cruelty of Her Husband to the House of the Constable or one of the Overseers of the same Parish; may be protected by them in the manner as is Directed for Servants in such Cases and not otherwise.

"Duke of York's Laws, 1665-75."Laws of the Colony of New York Albany: James B. Lyon, State Printer, 1896. Page 45-46.


IN WHAT CASES IT SHALL NOT BEE PUNISHABLE TO RE MARRY.

If either the man or woman shall be Convicted to have falsified their Oath to the Justices of Peace or Minister the other is free to Marry.
If Sufficient Cerificates be brought from any forraigne parts agreeing with allowable Circumstances that the man or the woman are dead, the time, place, and manner specified under the hand and Seal of some Creditable person and known Magistrate the other is free.
If either the man or woman Travelling by sea or Land into any forraign Parts, which voyage by Common computation may be perfected in one years time or Less or in a few days, of whom no Certain knowledge or news shall be had within five years after his or her departure nor of any that accompanyed him or her in the voyage it may be justly presumed such Person is Dead, and after the expiration of five Compleat years the other is free to Marry.
Provided always that if either the man or the woman shall at any time after the Expiration of five years Returne and bring full Testimony that hee or shee have divers wayes endeavored by writings or Messages to make known to his wife, or her Husband, that Shee or hee were then living, or that they were by Imprisonment or Bond Slavery with the Turks or other Heathen, Lawfully hindered from giving such information It shall and may be lawfull for the said man or woman to Challenge his or her premarriage, and obtain an order for their Cohabiting as formerly, but if neither shall sue for such an order, They may by mutuall agreement Enter a Release to each other in the office of Records, and both remain free from their former obligations The father onely of the Children as are begotten in Lawfull Marriage is to provide for such Children as shall be adjudged in the Court of Assizes only.
If any man shall hereafter presume to Marry contrary to these Lawes prescribed the Person offending shall be proceeded against as for Adultery or fornication according to Evidence the Children so begotten shall be Reputed Bastards, And the Parents Suffer such paines and penalties by fines or Punishment as they have deserved.
If any Justice of Peace or Minister shall presume to Marry any Daughter, Maid or Servant; without the known Consent of the Parents (if any be living) or the known Consent of the Master or Dame of the Servant, or any other Person who have not been thrice asked in the Church or usuall meeting place or otherwise Legally published, or without a special Licence for his so doing, under the hand and Seal of the Governour, The Justice or Minister shall forfeit twenty pounds, and be put out of his office.

"Duke of York's Laws, 1665-75." Laws of the Colony of New York Albany: James B. Lyon, State Printer, 1896. Pages 46-47.


ORPHANTS.

That all Persons who now have or shall have any Estate of Goods, Chattles or Lands; in their possession, belonging to any that are under age shall exhibit an Inventory and Accompts of that said Estate within three Moneths next after Publication of this Law, to the respective Courts of Sessions where such Estate shall be and afterwards yearly; And in Case such Person or Persons who have such Estate, in their hands, do not at the time and place aforesaid present the Inventory and Accompts of such Estates as aforesaid; Then that the whole businesse be sent to the next Court of Assizes where the Offender shall be fined for Neglect of Exhibiting as aforesaid; and if any good Improvement hath not been made of the Estate; yet if it shall be thought Convenient to Continue in the said Persons hands hee or they shall give better Caution and security or else it shall bee removed into the hands of some other able discreet Person or Persons as the Court shall appoint upon the Cautions aforesaid.

"Duke of York's Laws, 1665-75." Laws of the Colony of New York Albany: James B. Lyon, State Printer, 1896. Page 56.




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