[Footnote 384: _Mass. Col. Rec._, IV, Part I, 407. In October, 1647, Captain Wm. Hathorne was commissioned to marry Thomas Jeggles and Abigail Sharpe, in the absence of "y^e major Gennerall."--_Mass. Col. Rec._, III, 115. The _MSS. Early Court Files of Suffolk_, No. 221, under date of Nov. 13, 1655, contains the following: "Order by the deputies in _General Court_ for appointing Captain Hathorne to join together in marriage at Salem such as desire it, there not being in or near there any Magistrate. The Magistrates judge meet that the Deputies of Salem be authorized to join in marriage. The Deputies judge meet to leave the choice to the town of Salem."] [Footnote 385: _Mass. Col. Rec._, IV, Part I, 74; _cf. ibid._, 407; and SHIRLEY, "Early Jurisprudence of New Hamp.," in _Procds. of New Hamp. Hist. Soc._ (1876-84), 308.] [Footnote 386: At a "County Court at Charlestown," June 25, 1658, "Mr. Richard Russell at the request of the freemen of Charlestown is empowered to solemnize marriages and to take oaths in civil cases."--_MSS. Records of the County Court of Middlesex_, I, 133. See also _Mass. Col. Rec._, IV, Part I, 255 (1656), 322 (1658). The "associates," who sat with the "magistrates" to compose the county court, were often commanded to join persons in marriage: _ibid._, V, 139, 145, 101.] The law and custom of the other New England colonies were essentially the same as those already discussed. Everywhere marriage was regarded as a civil contract and the celebration was performed by a civil magistrate. In New Hampshire members of the council could act.[387] In Rhode Island, besides the magistrate, "none but Quakers[388] and clergymen of the Church of England could perform the ceremony," and these were given such authority by special grant of the king.[389] The law of New Haven, 1648, is peculiar in requiring not only that the marriage be performed before a magistrate or someone expressly allowed by the general court; but when the persons to be united are "able to go forth," that it be solemnized in some public place,[390] under penalty of five pounds for "every such miscarriage."[391] In Connecticut, likewise, compulsory civil marriage was adopted.[392] [Footnote 387: See the Cutt Code in _Provincial Papers_, I, 396, 397; also _New Hamp. Hist. Soc. Coll._, VIII, 23, 117, 118; _cf._ SHIRLEY, "Early Jurisprudence of New Hamp.," _Procds. New Hamp. Hist. Soc._ (1876-84), 307 ff.]