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 425: For instance, on May 22, 1651, such a petition
from Mary Longe was allowed, provided "she be published according
to law": _Mass. Col. Rec._, III, 232. Sept. 7, 1643, "Jacob
Sheath & Margaret Webbe are permitted to joyne in marriage,
though but twice published": _ibid._, II, 46. May 30, 1644,
"without further publishment," Robert Parke "hath libertye to
proceed in marriage with Alice Tompson": _ibid._, III, 3.]
[Footnote 426: _Mass. Col. Rec._, II, 15; IV, Part I, 290;
_cf._ _ibid._, I, 275, 276; and WHITMORE, _Col. Laws of Mass._
(1660-72), 188; _ibid._ (1672-86), 130. But town clerks continued
to act: _Salem Town Rec._, 148. The office of "Clark of the
writts" seems to have been created in 1641, primarily to issue
summons and attachments: _Mass. Col. Rec._, I, 344, 345. See also
"Province Laws of New Hampshire," in _Coll. of New Hamp. Hist.
Soc._, VIII, 31. Originally clerks of the writs were appointed
by the general court; but later it was ordered that they should
be licensed by the shire court or court of assistants. Those
presented for license were first nominated in town-meeting:
_Mass. Col. Rec._, II, 188; _Dorchester Town Rec._, 116; _Salem
Town Rec._, 148, 195; _Boston Town Rec._ (1660-1701), 100, 103,
130, 197. _Cf._ HOWARD, _Local Const. Hist._, I, 90, 91, 331.]
[Footnote 427: WHITMORE, _Col. Laws of Mass._ (1660-72), 188;
_ibid._ (1672-86), 130; _Mass. Col. Rec._, II, 59.]
[Footnote 428: See the acts of 1692 and 1696: _Acts and
Resolves_, I, 61, 209, 210. By the former statute ministers and
justices are required to make a quarterly report of marriages
solemnized by them to the clerk of the sessions of the peace. The
act of 1716, referred to in SEWALL'S _Diary_, provides that the
town clerk shall send in to the same officer an annual transcript
of marriages recorded by him. "The volume of such returns for
Suffolk County has very recently (written 1882) been transferred
to the custody of the city registrar of Boston."--SEWALL'S
_Diary_, in 5 _Mass. Hist. Coll._, VII, 112, and the note by the
editors.]
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