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
Previous to 1692, of course, the legal history of New Hampshire is
in the main identical with that of Massachusetts.[429] But in the
pioneer stage the township was sufficient unto itself. "Dover and
Portsmouth, for nearly twenty years, had no central authority.[430]
They had no ministry in any form, nor any magistrates, except
such as might be created by any mining hamlet in an unorganized
territory, or afterward as the result of forming themselves into
societies. This, however, did not prevent people either from
marrying or dying. The result was that marriage in New Hampshire
has borne from the outset not only the character of a civil
contract, but the impress of our township system."[431] After the
establishment of the royal province the contract might be solemnized
by "virtue either of publishment, or of a licence from the Governor.
The granting of these licences was accounted a part of the royal
prerogative;"[432] and it was complained of as leading to abuse.[433]
[Footnote 429: Intentions of marriage were to be published three
times, or else on fourteen days' written notice: "General Lawes
and Liberties of New Hamp.," _Coll. New Hamp. Hist. Soc._, VIII,
23. See also the Cutt Code, _Provincial Papers_, I, 396, 397.]
[Footnote 430: DOYLE, _English Colonies_, II, 201 ff.; LODGE,
_Short Hist._, 397 ff.; HILDRETH, _Hist. of U. S._, I, 200;
BANCROFT, _Hist. of U. S._, I, 217, 218, 262.]
[Footnote 431: SHIRLEY, "Early Jurisprudence of New Hampshire,"
_Procds. New Hamp. Hist. Soc._ (1876-84), 309.]
[Footnote 432: BELKNAP, _Hist. of New Hampshire_, III, 211.]
[Footnote 433: _Provincial Papers_, IV, 832 (1737).]
The statutes of Connecticut contain a curious provision, which
will receive further notice hereafter. Distinction is made between
the "contract" and the "covenant." Eight days' public notice of
the proposed engagement must be given; and after the contract the
betrothed pair must "forbeare" for a second period of eight days
before joining in the covenant.[434] By the code of 1673 persons
are not to be joined in wedlock "before the intention ... hath been
sufficiently published at some publick Lecture or Town meeting in
the Towns where the parties or either of them do ordinarily reside,
or be set up in Writing ... upon some post of their Meeting House
Door in publick view, there to stand so as it may be read eight days
before such marriage."[435] In general, the marriage laws of both
Connecticut[436] and New Haven[437] on the topic considered are
plainly modeled upon those of Massachusetts, and so need not here
receive further analysis.
[Footnote 434: _Conn. Col. Rec._, I, 47, 48 (1640), 540;
TRUMBULL, _True Blue Laws_, 106. Compare _The Code of 1650_
(Hartford, 1836), 67, 68.]
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