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
duty, "whereby children & servants become rude, stubborn & unruly,
the sayd Select men with the help of two Magistrates or the next
County Court for that Shire, shall take such children or apprentices
from them," and until they come of age place them with persons
who will more strictly look after their government as the law
directs.[465] It was further enacted that every town shall order and
dispose to service or otherwise all "single persons and inmates"
within its borders, anyone feeling aggrieved thereby "to have
Liberty to appeale to the next County Court."[466]
[Footnote 463: _Plym. Col. Rec._, XI, 223.]
[Footnote 464: WHITMORE, _Colonial Laws of Mass._ (1672-86), 236,
237.]
[Footnote 465: _Ibid._ (1660-72), 136.]
[Footnote 466: _Ibid._, 196; _ibid._ (1672-86), 148; _Mass. Col.
Rec._, I, 186.]
These laws were not wholly a dead letter, as shown by the judicial
records. Thus on April 2, 1672, "Thomas Henshaw and Thomas Hall,
singlemen, being convicted of living from under family government
... , are ordered forthwith to submit themselves" to such government
"and to appear at the next court and bring with them certificate
thereof."[467] Nevertheless complaint is made that the town officers
are negligent. In 1668 the legislature directs the clerk of each
shire court to send "to the Constables of the Towns" within the
shire an order which they are "enjoyned faithfully to execute."
In the preamble it is recited that the neglect of the laws, "as
by sad experience from Court to Court abundantly appears, doth
occasion much sin and prophaness to increase among us, to the
dishonour of God, and the ensnaring of many Children and Servants,
by the dissolute lives and practices of such as do live from under
Family Government, and is a great discouragement to those Family
Governours, who conscientiously endeavour to bring up their Youth
in all Christian nurture, as the Laws of God and this Common wealth
doth require: These are therefore ... to require you to acquaint
the Select men of your Town, that the Court doth expect and will
require, that the said Laws be accordingly attended... : and you are
also required to take a list of the names of those young persons
... who do live from under Family Government, _viz._, do not serve
their Parents or Masters, as Children, Apprentices, hired Servants,
or Journey men ought to do, and usually did in our Native Country,
being subject to their commands and discipline."[468]
[Footnote 467: _MSS. Records of the County Court for Middlesex_,
III, 21.]
[Footnote 468: WHITMORE, _op. cit._ (1660-72), 260; also _ibid._
(1672-86), 149. There is a copy of one of the orders sent to the
constables, differing slightly in capitalization and punctuation
from the above, in the _MSS. Files of the County Court for
Middlesex_, Dec., 1668.]
Public-domain text, read in full here on John Shaqi.
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