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 499: WHITMORE, _Col. Laws of Mass._ (1660-72), 172;
_ibid._ (1672-86), 101; _Mass. Col. Rec._, II, 207. _Cf._
FRIEDBERG, _Eheschliessung_, 477, note; NEWHALL, _Ye Great and
General Court_, 349-65, giving interesting examples.]
The courts were not without employment under this statute. In 1658
Paul Wilson appeared before the county court of Middlesex, sitting
in Charlestown, "to answer the complaint of Deacon Upham for violent
soliciting his daughter against his will." Whereupon the tribunal
"admonished Wilson of his evil behavior towards the said Upham and
his daughter Priscilla, and ordered him to give bond of ten pounds
for his regular behavior towards the said parties." Accordingly
the culprit gave bond "yt he will no more frequent the company of
Priscilla Upham, nor by no means whether direct or indirect, make
any more addresses vnto her without her fathers leave first orderly
had & obteined."[500] For a similar offense, in 1672, the county
court of Suffolk fined Benjamin Scott five pounds.[501] Two years
later, before the same tribunal, Thomas Irons was presented "for
procuring Richard Barnum to publish a marriage" between himself
and Mary Arnold without her father's leave;[502] while the next
February, as we learn from the record, John Lorin stood "convict on
his own confession of making love to Mary Willis without her parents
consent and after being forwarned by them, £5."[503]
[Footnote 500: _MSS. Records of the County Court for Middlesex_,
I, 131.
In 1662 Marmaduke Johnson, who by his own confession had a wife
in England, was convicted of trying to steal the affections of
the daughter of Samuel Green without his knowledge and consent;
and he was ordered to join his spouse by the first oportunity:
_ibid._, I, 206. The next year Johnson was "fined £20 unless he
give security" so to depart, in the meantime being "committed
until the order is performed": _ibid._, 249. It may be further
noted that on April 7, 1674, a Marmaduke Johnson is spoken of as
"late constable of Cambridge": _ibid._, III, 87.]
[Footnote 501: _MSS. Records of the County Court of Suffolk_,
106.]
[Footnote 502: Irons was fined 20 shillings, and Barnum half that
sum: _MSS. Records of the County Court of Suffolk_ (July 28,
1674), 255, 256. On the same day "Edward Peggy being bound over
for using indirect means 'by powders or other wayes unlawfull to
Engage the affections or desires of women kinde to him' and for
begetting a bastard child"--in particular for illegally "drawing
away the affections of two girls"--was assessed 10 pounds and put
under bonds for good behavior: _ibid._, 261.]
[Footnote 503: _Ibid._ (Feb. 4, 1674-75), 301. The records of the
court of assistants in _Mass. Col. Rec._ (Sept. 1, 1640), I, 299,
300, contain a similar case.]
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