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
The laws of the other colonies differed only in details from those
of Plymouth. In Massachusetts the first order of the general court
on the subject was passed in 1639. The intention is to be thrice
published, not at divine service on the sabbath, it may be noted,
but in town-meeting or at "publike lecture" in "both the townes
where the parties, or either of them, do ordinarily reside." If no
public lecture is held in the town, then fourteen days' notice may
be given in writing on "some poast standing in publike viewe" and
used solely for this purpose.[422] The "poast" is to be provided
by the town under penalty of ten shillings for default.[423] Later
it became customary for the town clerk or his deputy to publish
the banns on Sunday, "after the blessing to the evening exercise
was pronounced;" and so in 1696-97 we find the town-meeting of
Charlestown ordering that "publishments should be made 'on Lecture
days or any other public times, and not restrained to Sabbath
Days only.'"[424] Sometimes on petition the legislature granted
to individuals special permission to marry.[425] Originally the
registration of births, deaths, and marriages devolved upon the town
clerk; but it seems to have been neglected by him. For in 1642 the
general court laid this duty upon the clerk of the writs in each
town, under penalty for default, requiring him to make annual return
of all names registered to the recorder of the county court.[426]
A similar report to the same officer is to be submitted each year
by all magistrates or persons appointed to solemnize marriages; and
the "new married man" shall likewise, within one month, bring in to
the clerk of the writs a certificate of his marriage.[427] Under the
Province laws the duties of recorder were again performed by the
clerk of the township; and under severe penalty persons might not
be joined in marriage without presenting a proper certificate of
publication and satisfactory evidence of parental consent.[428]
[Footnote 422: In the edition of the laws, 1660, notice is to be
placed "upon some post of their Meeting-house door": WHITMORE,
_Col. Laws of Mass._ (1660-72), 51, 52: _cf._ _ibid._ (1672-86),
101.]
[Footnote 423: _Mass. Col. Rec._, I, 275; WHITMORE, _Col. Laws of
Mass._ (1660-72), 51, 52; _ibid._ (1672-86), 101.
The meeting-house on Sunday or lecture-day was a general
clearing-house for news and gossip; and not the least inviting
topics were supplied by the marriage notices. "There they read,
as from an old newspaper, of an intention of marriage between
persons known to everybody; and although the town clerk had
stood up in the congregation and screamed it at the top of his
voice, it was an endless subject of comment, especially if the
woman had as publicly renounced the intention--as women sometimes
did."--BLISS, _Colonial Times on Buzzard's Bay_, 77, 78.]
[Footnote 424: EDES, in _Mem. Hist. Bost._, II, 315, and n. 2.]
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