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 388: "A good story is told of Wm. Wanton--governor of
Rhode Island, 1732-3--in Deane's Scituate. Before his removal
from that place to Newport, prior to 1700, he had married Ruth
Bryant, daughter of a Congregational deacon. Wanton's family were
Quakers. Religious objections were made to the match on both
sides. He said, 'Friend Ruth, let us break from this unreasonable
bondage--_I_ will give up _my_ religion, and _thou_ shalt
_thine_, and we will go over to the Church of England, _and go to
the devil together_.' They fulfilled this resolution so far, says
our author, as to go to the Church of England, and marrying and
adhering to the Church of England during life."--ARNOLD, _Hist.
of Rhode Island_, II, 113, note.]
[Footnote 389: GREEN, _Short Hist. of Rhode Island_, 152, 153;
ARNOLD, _Hist. of Rhode Island_, II, 113. By the code of 1647
marriages were to be celebrated ("confirmed") before the "head
officer of the towne": STAPLES, _Proceedings of the First Gen.
Assembly, 1647_ (Providence, 1847), 47, 48; _R.I. Col. Rec._, I,
187. On the head officer see HOWARD, _Local Const. Hist._, I,
88, 89. According to the law of 1663 the intentions are to be
published, and "afterwards before one of the Gener^{ll} officers
shall they be married": in RIDER'S reprint of the _Laws and Acts_
(1705), 12. But in RIDER'S reprint of _The Charter and the Laws_
(1719), 12, it is declared lawful for "any Assistant, Justice of
the Peace, or Warden" to perform the ceremony. The act cited is
one of a group dated 1662; and it appears to be a modification
of the law just cited from the collection of 1705. The act of
1701 reserves the right of Quakers and members of the Church
of England to be married according to their own usage: RIDER,
_Charter and Laws_ (1719), 48; also in _Acts and Laws_ (Newport,
1730), 44, 46.]
[Footnote 390: "This requirement was sufficiently answered when
spectators were present; and usually marriages were solemnized
at the home of the bride."--ATWATER, _Hist. of the Colony of New
Haven_, 363.]
[Footnote 391: _New Haven Col. Rec._, II, 599, 600.]
[Footnote 392: The civil-marriage form is recognized by
the code of 1650: see TRUMBULL, _Blue Laws_, 167; COOK, in
_Atlantic Monthly_, LXI, 351; SANFORD, _Hist. of Conn._, 125;
and HOLLISTER, _Hist. of Conn._, I, 438. By the code of 1673 no
person is to solemnize marriages "but the Magistrates, or such
other as the General Court shall Authorize in such places where
no Magistrate is near": see the reprint of _The Book of the
General Laws of 1673_ (Hartford, 1865), 46.]
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