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
But bachelors and "thornbacks" were not the only people who caused
the lawmaker anxiety. He kept a sharp eye on married persons
living away from their mates. An act of the Massachusetts general
court, in 1647, after reciting that diverse married persons are
living in the jurisdiction, whose wives or husbands are in England
or elsewhere, and who are guilty of making love to women, of
attempting marriage or even attaining it, or are under "suspition
of uncleannes"--the vice which seems to have sorely vexed the good
people of those days--and all of whom are a great dishonor to God
and a reproof to religion, commonwealth, and church--orders that
every such person shall be incontinently sent back "by y^e first
oportunity of shiping," unless present on transient business or
to "make way" for the family to come over.[474] Such complaints
were by no means groundless and the courts were often called upon
to execute the law. Under the circumstances bigamy was easily
committed, though not always permanently concealed. On December 3,
1639, the pretended marriage of James Luxford was declared void;
"all that hee hath" was given to his victim; and he himself was
fined, set in the stocks, and ordered "sent away to England by the
first opportunity."[475] In 1644 the "marriage of John Richardson to
Elizabeth Frier was annulled upon proof that he had a former wife
living in England."[476] Henry Jackson--whose case seems to justify
the act of 1647--was presented in 1672-73 "for lying, in saying
he was single and attempting marriage with several," though since
confessing that he has a wife beyond the sea; "for living from under
family government; and for carrying a fire brand at night near a
hay stack;" on all of which counts, we are prepared to hear, he got
twenty stripes, had to pay costs, and was ordered away to "England
by the next ship."[477]
[Footnote 474: _Mass. Col. Rec._, II, 211, 212; WHITMORE, _Col.
Laws of Mass._ (1660-72), 172; _ibid._ (1672-86), 216.]
[Footnote 475: _Mass. Col. Rec._, I, 283.]
[Footnote 476: _Ibid._, II, 86.]
[Footnote 477: _MSS. Records of the County Court of Suffolk_,
113.]
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