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 the colonists went farther and prescribed the death penalty
for disobedience to parents, following the precepts of the Mosaic
law.[490] Furthermore, they attempted to regulate courtship by
statute, in a way which, however wholesome, would scarcely be
relished by the young men and maidens of our generation. Thus the
general court of Plymouth prohibits "any motion of marriage to any
man's daughter or mayde servant" without having "first obtayned
leaue" of the parents or master under penalty of fine and corporal
punishment in the discretion of the bench. But appeal is allowed
to the magistrate, when the master "through any sinister end or
couetous desire," witholds his consent.[491] The courts were not
wholly without business growing out of this legislation, as appears
from illustrations collected by Mr. Goodwin. "In 1652 Jonathan
Coventry was indicted for 'making a motion of marriage' to Katherine
Bradbury, servant to Mr. Bourne, of Marshfield, without the latter's
consent.[492] Coventry left the Colony before arrest.... In 1648
Thomas Dunham was ordered to abstain from visiting or sending to
Martha Knott, of Sandwich, from October 4 till the first Tuesday
of December, that the Court may better learn of his pretended
contract, unless the Governor, on the clearing of things, give him
leave. A romantic case was that of Governor Thomas Prence against
Arthur Howland, Jr., nephew of the Pilgrim.[493] The tolerant course
of the elder Arthur Howland toward the Quakers had earned Prence's
hearty ill-will; and when, in 1660, he found that Arthur, Jr., had
wooed his daughter Elizabeth, he had the swain before the General
Court, where he was fined £5 for making love without her father's
permission. The couple remained constant, for in 1667 the irate
Governor once more brought up young Arthur, who was again fined £5
because he had 'disorderly and unrighteously endeavored to obtain
the affections of Mistress Elizabeth Prence,' and was put under bond
of £50 to 'refrain and desist.' But Prence, like Canute, was unable
to control the forces of Nature. This action was in July; but before
the next spring the imperious Governor seemed to have been forced
to capitulate, for Arthur and Elizabeth were united."[494] On the
other hand, the right of a lover to appeal to the magistrate, in
case his "motion" were hindered through "sinister end or couetous
desire," was occasionally of practical value. In 1646, for instance,
Richard Taylor complained to the general court of Plymouth that he
was prevented from marrying Ruth Wheildon by her father Gabriel;
but when before the court Gabriel yielded and promised no longer
to oppose the marriage.[495] The records show that parents might
be held accountable for "miscarriages" resulting from unreasonable
opposition.[496]
Public-domain text, read in full here on John Shaqi.
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