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
During the "usurpation" period, beginning in 1686, the laws
requiring civil marriage were set aside. Joseph Dudley, who
entered upon his duties as president of New England in May of that
year, published "an order of council, authorizing and empowering
ministers and justices of the peace, the order says, 'to consummate
marriages,' after three several times publication or licence from
the president or deputy."[393] With this compromise Governor Andros
was not satisfied; and it was his intention to allow marriages to be
performed only by the Episcopal clergy. To do this at once, however,
was impracticable. "Magistrates," says Hutchinson, "still continued
to give people in matrimony. Other provision could not immediately
be made." For at the time there was but one Episcopal clergyman in
the country; and "Sir Edmund considered the Congregational ministers
as mere laymen. Randolph wrote to the bishop of London, 'I press for
able and sober ministers, and we will contribute largely to their
maintenance; but one thing will mainly help, when no marriages shall
hereafter be allowed lawful but such as are made by the ministers
of the church of England."[394] Another restraint upon marriage was
accounted a still more serious hardship. "None were allowed to marry
except they entered into bonds with sureties to the governor, to be
forfeited in case there should afterwards appear to have been any
lawful impediment."[395] This requirement in many cases amounted to
a practical prohibition.[396]
[Footnote 393: HUTCHINSON, _Hist. of Mass._, I, 392, note; _cf._
SNOW, _Hist. of Boston_, 172, 173, 192; DRAKE, _Hist. of Boston_,
472, 473; SHIRLEY, "Early Jurisprudence of New Hamp.," _Procds.
New Hamp. Hist. Soc._ (1876-84), 308; WHITMORE, in _Mem. Hist.
Bost._, II, 1, 2.]
[Footnote 394: HUTCHINSON, _Hist. of Mass._, I, 318; _cf._
ARNOLD, _Hist. of Rhode Island_, I, 498, 499; GREEN, _Short
Hist. of Rhode Island_, 103. TRUMBULL, _Hist. of Conn._, I,
372, followed by HOLLISTER, _Hist. of Conn._, I, 317, makes the
following extraordinary statement: "Magistrates only were allowed
to join people in the bands of wedlock. The governor (Andros) not
only deprived the clergy of the perquisite from marriages, but
soon superseded the laws for their support."]
[Footnote 395: HUTCHINSON, _Hist. of Mass._, I, 318. At least
twenty-two of these bonds are extant. One, dated Jan. 11,
1686-87, given "unto Edward Randolph, Esq., Secretary of his
Majesty's Territory and Dominion," may be found among the
"Usurpation Papers" in 3 _Mass. Hist. Coll._, VII, 170; and also
in _New Hamp. Provincial Papers_, II, 18. The other twenty-one
are in the _Early Court Files of Suffolk_, Nos. 29996-30016.
Following is a copy of the first:
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