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 435: _The Book of General Laws of 1673_ (Hartford,
1865), 46. The _Acts and Laws_ (New London, 1715), 75, require
three publications or eight days' posting; while by the _Acts and
Laws_ (New Haven, 1769), 144-47, intentions are to be announced
only eight days before the celebration "in some public Meeting
or Congregation on the Lord's Day, or on some public Fast,
Thanksgiving, or Lecture Day, in the Town, Parish, or Society
where the Parties or either of them do ordinarily reside," or
else posted eight days, as before.]
[Footnote 436: For the law of registration see _Conn. Col. Rec._,
I, 48, 105, 106, 551; TRUMBULL, _op. cit._, 123.]
[Footnote 437: _New Haven Col. Rec._, II, 599, 600, 607;
TRUMBULL, _op. cit._, 241, 242, 255; ATWATER, _Hist. of New Haven
Colony_, 363.]
Some interesting details may be gleaned from the matrimonial
legislation of Rhode Island. The code of 1647 requires the
publication of banns at two town-meetings, confirmation before the
head officer, and registration in the town clerk's book; otherwise
the marriage is void. It is further enacted that the "man that goes
contrarie to this present Ordinance ... shall forfeit five pounds
to the parents of the Maid, and be bound to his good behaviour; and
all the accessories shall forfeit five pounds a man, halfe ... to
the grieved parents and the other halfe to the Town."[438] Thus was
established at an early day, says Arnold, a system of registration
"such as recent legislation has attempted to revive."[439] In 1656
it was permitted either to publish marriages at town-meeting, or
"on a traininge day at y^e head of y^e Companie,"[440] or by a
"Writinge under y^e Magistrates hands fixed upon some noted place
in y^e Towne."[441] If "the banns were forbidden, the case was
to be heard by two magistrates; should they allow it, the parties
might marry; but if not, the general Court of trials were to
decide."[442] A later version of the law of 1647, of uncertain
date, is somewhat more detailed. The "man y^t hath A respect to a
maid & doth desi[re] to Obtaine her in Marriage ... shall first
acquaint her Parents thereof & upon their consenting thereto he
shall have Baines of matrimony set up in a Publick Place in y^e Town
or be Published two sever^{ll} times In A Public Assembly In the
Town & then remaine from After y^e first Publication Tenn Days."
Afterward, "before one of the Gener^{ll} officers" the celebration
may take place according to "y^e usuwal Custome of this place &
then a Certificate Shall be given by y^e Officer y^t Ioynes them
togeather in Marriage to y^e party So married who shall Carry it
to the Clarke of y^e Town where y^e Marriage was Solemnized &
have it Placed upon Record." For violation of the act the same
penalties are imposed on the principals and accessories as in 1647;
and the children "y^t any shall have w^{th}out this due & orderly
Course of Law ... shall be looked at not to be Legitimate."[443]
Public-domain text, read in full here on John Shaqi.
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