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 478: _Mass. Col. Rec._, I, 198.]
[Footnote 479: _Ibid._, 311.]
[Footnote 480: _MSS. Records of the County Court of Middlesex_,
I, 18. Apparently Edward's attempts were a failure; for on Oct.
4, 1653, he was "granted liberty to use what more effectual means
he may or can to send for his wife from England": _ibid._, I, 32.]
[Footnote 481: _Mass. Col. Rec._, III, 349, 350. But on petition,
in order to present further testimony, the general court granted
a respite.]
[Footnote 482: _MSS. Early Court Files of Suffolk County_, No.
531. This case is also partially reported in _Mass. Col. Rec._,
IV, Part II, 84; and quoted in SHIRLEY, "Early Jurisprudence of
New Hampshire," _Procds. New. Hamp. Hist. Soc._ (1876-84), 310.]
[Footnote 483: _MSS. Records of the County Court of Suffolk_, 9.]
[Footnote 484: _MSS. Early Court Files of Suffolk_, No. 867.]
[Footnote 485: _MSS. Records of the County Court of Suffolk_,
279.]
[Footnote 486: _MSS. Records of the County Court of Middlesex_,
III, 63.]
[Footnote 487: _MSS. Early Court Files of Suffolk_, No. 527. For
similar legislation see _New Haven Col. Rec._, II, 600; TRUMBULL,
_Blue Laws_, 243.]
In like spirit single women and wives in the absence of their
husbands were forbidden to "lodge any inmate or sojourner," except
with the approval of the selectmen or other magistrates.[488] Of
course, these were pioneer days. The peace of the settlements was
probably disturbed by loose and riotous adventurers, outcasts from
the society of the Old World. Doubtless these measures, aside from
religious motives, were in some degree useful police ordinances; as
were also those prohibiting the husband from beating his wife, and
the wife from striking her spouse.[489]
[Footnote 488: _Mass. Col. Rec._, V, 4; SHIRLEY, _Early
Jurisprudence of New Hamp._, 310, 311. The harboring of
"strangers"--and "stranger" might be a father, daughter, or son
from a neighboring town--gave the good people of the colonies a
great deal of trouble. See the illustrations in WEEDEN, _Ecc. and
Soc. Hist. of N. E._, I, 272; and HOWARD, _Local Const. Hist._,
I, 87, 88, where the town records are cited.]
[Footnote 489: WHITMORE, _Col. Laws of Mass._ (1660-72), 51, 171;
_ibid._ (1672-86), 101. _Cf. Mass. Col. Rec._, III, 212 (1650).
In 1638 John Emerson, of Scituate, was tried before the general
court for abusing his wife: _ibid._, I, 232; the same year for
beating his wife, Henry Seawall was sent for examination before
the court at Ipswich: _ibid._, 233; and in 1663 Ensigne John
Williams, of Barnstable, was fined by the Plymouth court for
slandering his wife: GOODWIN, _Pilgrim Republic_, 596.
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