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 454: "Between these two extreme views--that of marriage
as merely a civil contract and marriage as a sacrament--stands
that of the Jewish law. The act of concluding marriage is
there certainly also considered as a contract, which requires
the consent of both parties and the performance of certain
formalities, similar to other contracts, and which, under
certain circumstances, can be dissolved. But, inasmuch as
marriage concerns a relation which is based on morality and
implies the most sacred duties, it is more than a mere civil
contract."--MIELZINER, _The Jewish Law of Marriage and Divorce_,
25, 26. But "the presence of a rabbi or minister is, according to
the Talmudic Law, not required at the betrothal or the nuptials.
The prescribed benedictions were pronounced either by the
bridegroom or by any of the friends present. Such was also the
Jewish custom during the Middle Ages."--_Ibid._, 84. _Cf._ AMRAM,
_The Jewish Law of Divorce_, 39.]
[Footnote 455: See SHIRLEY'S comments on the Cutt Code, "Early
Jurisprudence of New Hampshire," _Procds. New Hamp. Hist. Soc._
(1876-84), 273 ff.]
Thus "old bachelors," though rare in early New England, were
looked upon with disfavor. They were regarded almost as "suspected
criminals."[456] Connecticut "in 1636 would not allow any young
unmarried man to keep house."[457] A special order of the town of
Windsor was necessary, in 1682, to permit "Isaac Sheldon and Samuel
Rockwell to keep house together, 'so they carry themselves soberly
and do not entertain idle persons to the evil expense of time by
day or night.'"[458] Hartford taxed "lone-men" twenty shillings
a week "for the selfish luxury of solitary living."[459] Even in
the eighteenth century a general statute of Connecticut, under the
same penalty of twenty shillings a week, forbade any "house-keeper"
or "master of a family," without "allowance of the selectmen," to
give "entertainment or habitation" to a single person; and "such
Bourders, Sojourners, and Young persons" are required to "attend
to the Worship of God" in the families where they live and "to be
subject to the domestick Government of the same," or else forfeit
five shillings for every breach of the law.[460] In Rhode Island in
one instance "single persons of three months' residence paid five
shillings, while the 'rate of faculties and personal abilities'
was left at the discretion of the assessors."[461] According to a
New Haven law, in order to "suppress inconvenience" and disorders
inconsistent with the "mind of God in the fifth commandment,"
single persons, not in service or dwelling with their relatives,
are forbidden to diet or lodge alone; but they are required to
live in "licensed" families; and the "governors" of such families
are ordered to "observe the course, carriage, and behaviour, of
every such single person, whether he or she walk diligently in a
constant lawful imployment, attending both family duties and the
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