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
[Footnote 358: An important epoch in the history of social
progress is reached when our New England ancestors recognized
the support of popular education as a proper function of local
government. The event is all the more remarkable because it led
the development of thought in the mother-country by more than
two centuries and a half. However, the primary motive of the
Massachusetts act of 1647 for the establishment of elementary and
grammar schools was to provide religious knowledge. "It being
one cheife p'iect of y^t ould deluder, Satan, to keepe men from
the knowledge of y^e Scriptures, as in form^r times by keeping
y^m in an unknowne tongue, so in these latt^r times by p'swading
from y^e use of tongues, y^t so at least y^e true sence & meaning
of y^e originall might be clouded by false glosses of saint
seeming deceivers, y^t learning may not be buried in y^e grave
of o^r fath^{rs} in y^e church & co[=m]onwealth," etc.--_Mass.
Col. Rec._, II, 203. _Cf._ also HOWARD, _Local Const. Hist._, I,
66-70; and _idem_, "The State University in America," _Atlantic
Monthly_, LXVII (1891), 332 ff.]
In no respect was the change more remarkable than in the
administration of matrimonial law and in the conception of the
marriage contract. Here, as in so many other instances, our
ancestors anticipated the thought and the legislation of the
mother-country by more than two hundred years.[359] It will be
remembered that in the beginning of the seventeenth century--and
ever since the thirteenth--English marriage law was in an anomalous
and most chaotic state. The Reformation in England had brought no
real change in the canonical conception of the form of wedlock,
though its sacramental nature was denied. On the one hand was the
church at the demand of the state trying to enforce ecclesiastical
rites and to secure publicity by requirement of banns, parental
consent, and registration; on the other was the "irregular" or
common-law marriage, entered into without any of these safeguards,
by mere private agreement; and the validity of the latter was not
squarely impeached by the church, though the disregard of the
priestly office was punished by spiritual censure. All this is
changed in the colonies. In place of confusion and complexity is
found simplicity. In New England particularly civil rites, civil
registration, and uniform theory of marriage tend at once to prevent
the manifold evils growing out of a lax or uncertain law. The
conception of wedlock which existed there from the beginning was
identical with that which later found expression in the writings of
Milton and the legislation of Cromwell. Marriage was declared to be,
not a sacrament, but a civil contract in which the intervention of a
priest was unnecessary and out of place.
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