A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
Among the works drawn upon in the treatment of special topics
are Stiles's _Bundling_ (Albany, 1871); supplemented by his
_History of Windsor_ (New York, 1859); and the very suggestive
paper of Charles Francis Adams, _Some Phases of Sexual Morality
and Church Discipline in Colonial New England_, reprinted from
the _Mass. Hist. Soc. Proceedings_, June, 1891 (Cambridge,
1891); while there is an interesting passage relating to
the same custom in Burnaby's _Travels through the Middle
Settlements in North America_, 1759-60 (London, 1798); as also a
characteristic reference in Irving's _Knickerbocker History of
New York_ (Philadelphia, 1871). For the first time the history
of the stigma of the "scarlet letter" has been treated from the
sources in Davis's careful monograph, _The Law of Adultery and
Ignominious Punishments_ (Worcester, 1895). In connection with
the influence of the Levitical law on the New England conception
of marriage and the family, Amram's _The Jewish Law of Divorce_
(Philadelphia, 1896), and Mielziner's _The Jewish Law of
Marriage and Divorce_ (Cincinnati, 1884) are important. Of most
service for the legal character of New England slave marriages
are Moore's _Notes on the History of Slavery in Massachusetts_
(New York, 1866); his "Slave Marriages in Massachusetts," in
the _Historical Magazine_, XV (1869), containing a significant
ritual used by Rev. Samuel Phillips, minister at Andover,
1710-71; and Steiner's "History of Slavery in Connecticut,"
in _Johns Hopkins University Studies_, XI (Baltimore, 1893).
The originality of the system of civil registration created
by the New England settlers is appreciated by Kuczynski, "The
Registration Laws in the Colonies of Massachusetts Bay and New
Plymouth," in _Publications of the Am. Statistical Ass._, VII,
65-73 (Boston, 1901). See also Bibliographical Note XV.]
I. THE MAGISTRATE SUPERSEDES THE PRIEST AT THE NUPTIALS
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