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 490: WHITMORE, _Col. Laws of Mass._ (1660-72), 129;
_New Haven Col. Rec._, II, 578, and TRUMBULL, _Blue Laws_, 201;
_Conn. Col. Rec._, I, 515, and TRUMBULL, _op. cit._, 69; _New
Hamp. Hist. Coll._, VIII, 12; SHIRLEY, _Early Jurisprudence of N.
H._, 311; _Andros Tracts_, III, 13. _Cf._ a similar law for early
New York: _Duke of Yorke's Laws_, 15.]
[Footnote 491: _Plym. Col. Rec._, XI, 29, 108, 190, 191.]
[Footnote 492: For the case see _ibid._, III, 5: "Wee psent
Jonathan Couentry ... for makeing mocion of marriage vnto
Katheren Bradberey, servant vnto M^r Burne, of the same town,
without her master's consent, contrary to Court orders."]
[Footnote 493: See _ibid._, IV (1666/7), 140, 158, 159.]
[Footnote 494: GOODWIN, _Pilgrim Republic_, 598; _cf._ PALFREY,
_Hist. of New England_, II, 21.]
[Footnote 495: GOODWIN, _op. cit._, 597.]
[Footnote 496: Dec. 16, 1679. At a court held at Charlestown,
George Parminter and his wife convicted of fornication before
marriage, court respited their sentence till next court, and
ordered that their parents be summoned then to appear to give
answer why they denied them the consummation of their marriage
for so many months after they were in order thereto: _MSS.
Records of the County Court of Middlesex_, III, 316.]
To the close of the colonial era a law of Connecticut provided that
"if any Man shall directly or indirectly endeavour to draw away
the affections of any Maid ... , on pretence of Marriage, before he
hath obtained Liberty and Allowance" from her parent, governor, or
guardian, should there be any, "he shall forfeit the sum of _Five
Pounds_ to the Party grieved; double that amount for the second
offence; and for a third transgression suffer imprisonment, besides
paying the costs of prosecution."[497]
[Footnote 497: _Acts and Laws of Conn._ (New Haven, 1769), 144.
Substantially the same provision appears in the _Code of 1643_:
TRUMBULL, _Blue Laws_, 106, 107; _Conn. Col. Rec._, I, 92; in
_The Book of General Laws, 1673_ (Hartford, 1865), 46; and in
_Acts and Laws_ (New London, 1715), 75.]
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