[Footnote 401: _Conn. Col. Rec._, 136. As the law stood in 1769, marriages might be solemnized by magistrates and justices, each within his own county, and by any ordained minister within his town or society during his continuance in the work of the ministry: _Acts and Laws_ (New Haven, 1769), 144.] [Footnote 402: _Acts and Resolves_, I, 61. On this act JUDGE SEWALL makes the following characteristic entry in his _Diary_: "Nov. 4, 1692. Law passes for Justices and Ministers Marrying persons. By order of the Co[=m]ittee, I had drawn up a Bill for Justices and such others as the Assembly should appoint to marry: but came new-drawn and thus alter'd from the Deputies. It seems they count the respect of it too much to be left any longer with the Magistrate. And salaries are not spoken of; as if one sort of men might live on the Aer. They are treated like a kind of useless, worthless folk."--5 _Mass. Hist. Coll._, V, 368. The marriage fee was fixed by this act at three shillings.] [Footnote 403: _Charters and General Laws_ (Boston, 1814), 285; _Acts and Resolves_, I, 209, 210. In Nov., 1704, James Gardner, "preacher of the Gospel" at Dartmouth, that town being destitute of an "ordained minister," was allowed to solemnize marriages: _ibid._, VIII (Appendix, Vol. III), 92.] [Footnote 404: _Acts and Resolves_, IV, 622; _Charters and Laws_, 655. _Cf._ the earlier act of 1716-17: _Acts and Resolves_, II, 60.] [Footnote 405: _Acts and Resolves_, V, 231; _Charters and Laws_, 679.] So it appears that the proclamation of President Dudley in 1686 marks an epoch of some importance in institutional history. For by it the principle of American law, generally recognized at present by the statutes of the various states, and imitated by English legislation, was first recognized. Almost everywhere in this country the lay and the religious celebrations are equally valid; and it is not without interest to note that long before the Revolution the priest had once more practically superseded the magistrate at the nuptials.[406] It was already regarded as good social "form" to have the nuptials solemnized by religious rites. [Footnote 406: In Hutchinson's time marriages were usually performed by the clergy. "Although," he says, "the law admits of its being done by a justice of the peace, yet not one in many hundred is performed by them;" and he adds in a note: "Perhaps, in a few years, the people of England will be equally well satisfied with the provision made by the late marriage act, and no body will be at the pains of a journey to Scotland to avoid conformity to it."--HUTCHINSON, _Hist. of Mass._, I, 392, 393.]