Note 824 — Chapter XIV · OPTIONAL CIVIL OR ECCLESIASTICAL MARRIAGE IN THE MIDDLE COLONIES

Fernow, op. cit., XII, 512: case of the Fiscal v. Jacob Fabricius, March 1, 1674, before Governor-General Colve and the council. A version of the case is also given by O'Callaghan, op. cit., II, 693, who translates "license" where Fernow uses "consent" in the last sentence.

It is greatly to be feared that Brother Fabricius was a rather uncomfortable inhabitant; for at the same session of the court the fiscal charges that he did "beat and use force and violence against Marretie Jurians, in her own house," for which it is thought he ought to be "condemned in a fine of five Beavers with costs." The defendant admits the charge; "but says that the above named Marretie Jurians did provoke him with harsh language." Their honors, however, deemed it just to assess him "two Beavers with costs": O'Callaghan, loc. cit., 693. Later Fabricius was accused of riotous conduct at Newcastle on June 4, 1674, but he denied the charge and offered to bring witnesses: Fernow, op. cit., XII, 521. Possibly religious bickerings had something to do with his troubles. At any rate on June 1, 1675, the Lutherans on the Delaware petitioned that he be confirmed as pastor: ibid., 529. On April 18, following his suspension for marrying Doxy, he had the hardihood to ask that the sentence be mitigated, so that "he might be at least allowed to baptize, if he may not preach and act as minister;" but the court declined his request: ibid., 512.