Document: Ordinance renewing the ordinances regarding the Sabbath, furnishing liquor to Indians, exporting liquors, and the trade of baking

Holding Institution
Document ID
NYSA_A1809-78_V08_0248
Description

Ordinance. Renewing the ordinances for the due observance of the Sabbath; against furnishing liquor to Indians, or exporting wine, beer, or other liquors, without a permit; establishing an assize of bread and regulating the trade of baking.

Document Date
1656-09-26 (earliest of multiple dates)
Document Date (Date Type)
1656-09-26
Document Type
Document Type Unlinked
Ordinance
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Translation
Translation

[The director general and councilors of New Netherland, to all those who hear or see this read, greetings.[i]

Let it be known that by daily and] sad [ experience it is found ] that the [ previously issued and frequently renewed ] ordinances and edicts [ against the ] profaning of the Lord’s Sabbath; the unseasonable tapping on that day, and at night after the posting of the guard or the ringing of the bell; against the very dangerous, indeed, damnable sale or dispensing of wine, beer, and distilled spirits;[ii] the baking and selling of coarse as well as small or white bread, are, according to the good intention of the director general and councilors, to the dishonor of God, to the serious damage, loss and disturbance of the peace and quiet of the inhabitants, and to the great contempt of the authority and quality of the superior and inferior magistrates of this province, neither regarded, observed, maintained nor even justified, and as necessity clearly requires; therefore, the aforesaid director general and councilors, wishing, by virtue of their office, and prompted by duty and necessity, to provide herein, do renew and enlarge their previously enacted ordinances and edicts, and hereby prohibit and forbid:

First, all persons from performing or doing on the Lord’s day of rest, by us called Sunday, any ordinary labor, such as plowing, sowing, mowing, building, sawing wood, blacksmithing, bleaching, hunting, fishing, or any other work that may be lawful on other days, on pain of forfeiting one pound Flemish for each person; much less any lower or unlawful exercise and [amusement, drinking alcoholic beverages, frequenting taverns or tap houses, dancing, playing cards, ticktacken, caetsen, balslaen, clossen, kegelen,[iii] going by boat, cart or wagon before, between or during the Lord’s service, on pain of a double fine; in particular, no] innkeepers [ shall be allowed to set a buffet before, between or ] during the sermons, nor [ be allowed to tap, bestow, give or sell to anyone any brandy ], beer, or distilled spirits, [ directly ] or indirectly, on pain of the innkeeper or tapper [ forfeiting six guilders ] for each person, and each person found drinking at the aforesaid time, three guilders; likewise, no innkeepers or tappers shall be allowed to set buffets nor continue on Sunday or on any other day that continue on into the night after the mounting of the guard or the ringing of the bell, nor shall anyone be tapped, sold or dispensed any wine, beer or brandy or distilled spirits, on the same penalty; meetings of domestic guests on public business, alone excepted, determined by the consent and order of the magistrates.

Secondly, with regard to the very dangerous, injurious and damnable sale, dispensing, and giving of any wine, beer or distilled spirits to the wilden or naturellen of this country, from which almost as many mischiefs proceed, or at least are threatened and apprehended, as there are drunken wilden, the aforesaid director general and councilors, renewing and enlarging their previously published edicts, do hereby order and command that no person, of whatever capacity or profession he may be, shall sell, barter, bestow, give, furnish or carry or allow to be carried, to or for any wilden, in or out of the house, by land or water, from yachts, barks, boats, or canoes, carts or wagons, by whatever name such [ vehicles may be called, either directly or indirectly, any beer, wine, brandy or distilled spirits, under penalty of five hundred guilders, and in addition to be arbitrarily punished on the body, and banished from the country. And in order that the same may be discovered, for the better promotion and maintenance of the ] public [ peace and quiet, between the good ] inhabitants [ of this province and the ] barbaren, all superior and inferior officers, free or hired servants of the Company, and inhabitants of this province are, by their office and fealty, exhorted, required and commanded to aid in excluding, discovering, and informing about such most dangerous and damnable sale or bestowal of wine, beer, or distilled spirits, or, failing therein, to pay half the fine in case it afterward appear, or become known that they were privy to, or had not informed of, such sale, giving or dispensing of wine, beer, or distilled spirits to any wilden.

Further, the aforesaid director general and councilors, being credibly informed and told that wine, beer and distilled spirits, are peddled and retailed up and along the rivers, from up-going and returning yachts, barks, boats, ships and canoes, do hereby not only interdict and forbid such peddling and retailing, but ordain, enact and command that no skippers, sloop owners [barcquiers], canoe men or boatmen, or any other free or bound inhabitants, of whatever name, nation, capacity or occupation they may be, shall from this time forth, either for themselves or for others, embark, load, take with them, in any bark, yacht, boat, canoe, or another vessel, any wine, beer, brandy or distilled spirits in large or small casks, or even in cans, jugs or bottles, [ without having first entered the correct quantity with the officer of the place where the wine, beer or distilled spirits, in large or small quantities, are embarked, shipped or loaded, and received from the officer a certificate or permit, on which shall appear the quantity and quality of casks and other measure of the wine, beer or distilled spirits to be taken along, for whom shipped, and to whom consigned, and shall bring back a ] proper certificate or proof [ of the delivery to such person, signed by the officer and the receiver thereof at the place of delivery; ] and all that on pain of forfeiting the concealed wine, beer or distilled spirits, and a fine of five hundred guilders for the first time, and forfeiting in addition, for the second offense, the bark, yacht, boat, or canoe.

Thirdly, in regard to the baking and selling of coarse and white bread, neither of lawful weight nor at the fixed price, the aforesaid director general and councilors renewing and enlarging the previously published order on that subject, do hereby ordain and command that all bakers and all other inhabitants who make a business of baking or selling bread, whether for Christians or barbaren, shall be obliged, as well for the accommodation of Christians as to derive profit thereby from wilden, to bake at least once or twice a week both coarse and white bread, as well for Christians as wilden, of the stated weight and at the price as follows:

The coarse loaf shall weigh:

The double, 8 lbs., and cost 14 stivers. The single, 4 lbs., and cost 7 stivers. The half, 2 lbs., and cost 3½ stivers.

The white loaf shall weigh:

[The double, 2 lbs., and cost 8 stivers. The single, 1 lb., and cost 4 stivers.

The half, ½ lbs., and cost 2 stivers.

All bread found to be of less weight or sold at a higher price, without the previous knowledge, order and consent of the inferior court, shall be forfeit, and there shall be paid in addition a fine of twenty-five] pounds Flemish for the first time; for the second time, double as much, and for the third time, six hundred guilders, and their trade be absolutely prohibited to them.

Further, no bakers or persons who make a business of selling coarse or white bread to Christians or wilden shall be allowed to mix any sifted bran either wholly, or in part with the coarse bread, but bake the coarse bread as the flour comes from the mill; or to make any other sort of coarse or white bread either for wilden or Christians than is herein previously specified, on the aforesaid penalty. The inspection thereof remains subject to the respective courts, each within its jurisdiction, and those whom, as better judges of bread, they shall assume to themselves.

Fourthly, the director general and councilors, being further informed and considering that frauds can creep in, both in the matter of tapping and baking, for the concealment whereof excuses may be set up and invented, because no guild or certain number is known up to this time; to prevent such, as much as possible, the director general and councilors ordain and command that, from this time forward, no person shall make any profession of baking or tapping unless he first apply to the court in the respective jurisdiction and receive from it, or its agent, a license for that business, which all tavern keepers and bakers shall renew every quarter of a year commencing the first of November, next and pay for it each time one pound Flemish for the benefit of the respective court, on pain of suspension of his business for notorious and obstinate neglect.

The fines and amercements specified above are to be applied one-third [ for the officer ] who shall enter the complaint; one-third for the church or the poor; one-third for the public benefit.

In order that all this may be the better known, practiced and observed, and that no one pretend ignorance hereafter on this subject, the director general and councilors do hereby ordain and command that this shall be published and posted everywhere that it is customary to have publication made, and that after publication they be observed and executed without any grace, favors, simulation or respect of persons, as we find such to be appropriate for the public service and for the better and greater peace of the good inhabitants.

Thus done, renewed and amplified in the session of director general and councilors of New Netherland on the 26th of September 1656.

Published and registered in Fort Amsterdam on the 26th of October.

Translation Superscripts
[i]: Recovered text from translation in NND 16(1):71–74 (LWA); also in LO, 258–263. For previous ordinances see NND 16(1):17–19 and 22–23.
[ii]: At this point, the phrase “to the wilden” was inadvertently left out.
[iii]: These games (in italics) were popular seventeenth-century pastimes, especially in and around taverns. They can be loosely described as: ticktack or tricktrack, a cross between backgammon and checkers; caetsen, a sort of tennis; balslaen, a game similar to caetsen; clossen, bowling; and kegelen, nine pins.
References

From the collections of the New York State Archives, Albany, New York.  https://www.archives.nysed.gov/  

Translation link see: http://iarchives.nysed.gov/xtf/view?docId=tei/A1809/NYSA_A1809-78_V08_0248.xml

Published bound volume is also available: Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.

Copyright to the published bound volume is held by the Holland Society of New York.
A complete copy of this publication is available on the
New Netherland Institute website.

To Party 1
To Party 1 Text Unlinked
Indians
A1809 Additional Party
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