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
Gradually, however, the stern Puritanism of the colonists became
softened; the prejudice against ecclesiastical rites rapidly
subsided; marriages were solemnized even by the Congregational
clergy;[399] and soon after the struggle for the charters, laws
were enacted allowing the ministers of all denominations to
perform the ceremony. Yet, in Rhode Island, it was not until 1733
that the "settled and ordained ministers and elders of every
society and denomination of Christians" were permitted to join
persons in marriage, the legal fee therefor being fixed at three
shillings.[400] By an act of October, 1694, the same privilege was
conferred upon the "ordayned ministers of the severall plantations"
of Connecticut--in order, says the general court, to satisfy
"such as are conscienciously desirous to be" so joined.[401] For
Massachusetts a similar statute was passed in 1692, authorizing
all "settled ministers" to solemnize marriages, but only in their
"respective towns;" while, on the other hand, the authority of
the justice of the peace extended throughout the county.[402] The
careful limitation of the respective districts of the minister and
magistrate was doubtless intended to act as a check upon clandestine
unions, as by the more stringent act of 1695. By this statute
none may join any persons in marriage who are not inhabitants or
residents of the county or town; nor without a proper certificate
of due publication and parental consent from the clerks of the
towns where the parties respectively dwell. For celebrating a
marriage contrary to the act the minister or justice suffers a
penalty of fifty pounds and is forever disabled to join persons in
marriage, with the added liability of prosecution from the parent
or guardian.[403] By several subsequent acts the powers of the
clergy are still further enlarged. Thus in 1763 they are empowered
to solemnize marriages in "parishes" and "districts" composed of
"parts of towns" in "as ample a manner" as in the several towns
where they dwell.[404] In 1773 they are allowed to perform the
ceremony, not merely within their official districts, but for any
whose "ministerial taxes" they are entitled to receive; or if for
any cause a parish is without a minister, or if the incumbent
himself desires to get married, then the next minister of the same
denomination in the town may lawfully act.[405]
[Footnote 399: During the Andros period Rev. Charles Morton--who
was installed as pastor of the church in Charlestown, Nov. 5,
1686--began to solemnize marriages. He was probably the first
Congregational minister in New England who did so. See EDES,
_Mem. Hist. of Boston_, II, 315.]
[Footnote 400: _Rhode Island Col. Rec._, IV, 490; RIDER, _Supp.
Pages to the Digest of 1730_, 258, 259; _Acts and Laws_ (1745),
176. _Cf._ ARNOLD, _Hist. of R. I._, II, 113; GREEN, _Short Hist.
of R. I._, 152, 153.]
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