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
An elaborate statute of New Haven, for the regulation of proposals,
provides "that whosoever within this jurisdiction shall attempt,
or endeavor to inveagle, or draw the affections of any maide, or
maide-servant, whether daughter, kinswoman, or in other relation,
for himself, or for any other person, without the consent of father,
master, governor, or such other, who hath the present interest, or
charge, or (in absence of such) of the nearest magistrate, whether
it be by speech, writing, message, company-keeping, unnecessary
familiarity, disorderly night meetings, sinful dalliance, gifts, or
any other way, directly or indirectly, every such person (besides
all damages which the parent, governor, or person intrusted or
interested, may sustain by such unlawful proceedings) shall pay
to the plantation forty shillings for the first offence; and for
the second offence towards the same party four pounds; and for the
third offence he shal be further fined, imprisoned, or corporally
punished, as the plantation court, or court of magistrates
considering all circumstances, shal determine."[498]
[Footnote 498: _New Haven Col. Rec._, II, 600; TRUMBULL, _op.
cit._, 242. _Cf._ ATWATER, _Hist. of Col. of New Haven_, 362.]
The foregoing act was probably suggested by the Massachusetts law
of 1647, which is likewise here presented. It is declared that,
"whereas God hath committed the care and power into the hands of
parents for the disposing their Children in Marriage, so that it is
against rule, to seek to draw away the affections of young maidens
under pretence of purpose of marriage, before their parents have
given way and allowance in that respect; and whereas it is common
practise in divers places for young men irregularly and disorderly
to watch all advantages for their evil purposes, to insinuate
into the affections of young Maidens by coming to them in places
and seasons unknown to their parents for such ends, whereby much
evil hath grown amongst us, to the dishonour of God and damage of
parties; for prevention whereof for time to come. It is further
Ordered, that whatsoever person from henceforth shall endeavour,
directly or indirectly, to draw away the affection of any mayd
in this jurisdiction, under pretence of marriage, before he hath
obtained liberty and allowance from her parents or Governors or
in absence of such of the nearest magistrate, he shall forfeit
for the first offence five pounds, for the second towards the
partie ten pounds, and be bound to forbeare any further attempt
and proceedings in that unlawful designe, without or against the
allowance aforesayd. And for the third offence upon information or
complaint by such parents or Governors to any Magistrate, giving
bond to prosecute the party, he shall be committed in prison, and
upon hearing and conviction by the next court, shal be adjudged to
continue in prison, untill the Court of Assistants shall see cause
to release him."[499]
Public-domain text, read in full here on John Shaqi.
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