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
It appears that the execution of the laws was sadly neglected, and
so by an act of 1698 all marriages thus far solemnized, but not
duly registered, are declared valid. Persons married in future are
ordered within ten days to make return to the town clerk; while the
latter is required to submit annually to the head officer of the
town or to the chief justice of the peace a report of all births,
marriages, and deaths by him recorded.[444] Three years later a more
stringent statute appears. Persons from another colony or township
must present to the officer performing the ceremony a magistrate's
certificate of proper publication and qualification.[445] "Fine
and suspension from office were the penalties for any violation of
this act by a magistrate, and fine, imprisonment, or whipping, is
the punishments for the principals who disregard it."[446] After
various changes[447] the law of the provincial era reached its
full development in the code of 1767. A dual system of banns and
lay publication is provided. If application be made to a "settled
and ordained" minister of any denomination, he shall "openly and
by public speaking" proclaim the banns on three several Sundays,
holidays, or days of public worship "in the Meeting in the Town,
where the Parties respectively belong." If lay publication be
preferred, the assistant, warden, or justice, under his hand and
seal, is required to post a notice in some public place in each
of the towns where the parties dwell fifteen days before the
wedding.[448] A method of "under-writing" in case of objection is
prescribed. With leave of any assistant, justice, or warden, the
person opposing the marriage is to make the objection "in writing
under his or her Hand, therein assigning the Impediment, and affix
the same under the Publication;" but in case of oral banns the
written objection, in the presence of two witnesses, is to be
delivered to the minister or elder who proclaimed the banns. The
person forbidding the marriage must enter into recognizance with two
good sureties to appear at the next court of general sessions of
the peace and there "make good and prove" his allegations, or, in
default, pay to the persons to be wedded "all such Damages as they
shall sustain by Means of staying their Marriage." A certificate
of publication must be produced; two credible witnesses to the
ceremony are required; the person conducting the celebration must
give a certificate[449] thereof to the newly wedded pair; and he is
entitled to a fee of three shillings. Only fines are imposed for
violation of the act by the solemnizer or by the parties. Neither by
this law nor apparently by any statute subsequent to the act of 1663
is a contract declared void for non-observance of legal forms.[450]
[Footnote 438: _R. I. Col. Rec._, I, 187; STAPLES, _First
Proceedings_, 47, 48.]
[Footnote 439: ARNOLD, _Hist. of Rhode Island_, I, 208.]
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