[801] O'Callaghan, Introduction to Names of Persons for Whom Marriage Licenses Were Issued, p. iii.
[802] Friedberg, Eheschliessung, 478 ff., 485 ff., gives the details, citing the Dutch authorities.
[803] Compare the summaries of Friedberg, op. cit., 487, 488, 491.
[804] Fernow, Doc. Rel. to Col. Hist. of N. Y., XIV, 243, note.
[805] Ibid. The letter is dated Jan. 20, 1654.
[806] O'Callaghan, Laws and Ordinances, 152, 153. For this ordinance see also New York Colonial MSS., XII, 40; and compare ibid., IV, 456; V, 197; VIII, 647. Consult Webster, Opinion on the Law of Marriage prevailing in the Colony of N. Y., 1772, 19, 20 (Lauderdale Peerage Case), who discusses these ordinances.
[807] Brodhead, Hist. of the State of N. Y., I, 639. For the text of the ordinance of Jan. 15, 1658, see N. Y. Col. MSS., XVI, 40, 129; also O'Callaghan, op. cit., 328, 329; and Law Reports, X (1885), 729 (Lauderdale Peerage Case).
[808] Valentine, Manual of the Corporation, 1858, 497, 498; cf. also Lamb, History of the City of N. Y., I, 183.
[809] Caine, Reports, II, 219, 220. This was a case on appeal by the original defendant who had been sued for damage for debauching the plaintiff's daughter. The defendant won on the ground of connivance of the parents of the girl. "We lay out of view," says the court, "the custom which it is agreed prevails in that part of the country for young people, who are courting, to sleep together." "Nor is it an excuse for the parent to say that promises of marriage had been exchanged." Cf. also Stiles, Origin and Hist. of Bundling, 44 ff., 109-11.
[810] Case of Hollis v. Wells (1845), 3 Pa. Law Journal (Philadelphia, 1872), 29-33. Under head of "A Custom Must be Moral," these two cases are discussed in Lawson (J. D.), The Law of Usages and Customs (St. Louis, 1881), 58-60.