A History of Matrimonial Institutions, Vol. 2 of 3

Name: A History of Matrimonial Institutions, Vol. 2 of 3
Author: Howard, George Elliott

Howard, George Elliott

Families; Marriage -- History

The manuscript records of two counties of Massachusetts for a
portion of the seventeenth century appear to demonstrate that such
"miscarriages" before complete wedlock were not less frequent in
the Bay Colony.[578] A thorough analysis of the records of the
county court of Suffolk, covering the ten years 1671-80, brings to
light twenty of these cases, while during the same period there are
forty-three instances of transgression by "single women."[579] Now,
it is important to remember that the statutes of Massachusetts,
unlike those of Plymouth, do not discriminate between the offenses
of single persons and those committed with each other by espoused
lovers.[580] The question therefore arises as to whether the
_custom_ of pre-contract--for pre-contract was not established by
_law_ in that province--can be held in any way accountable for these
facts. A comparison of the penalties imposed in the two classes of
cases, as exhibited in Tables I and II, shows that an affirmative
answer must be given. The sins of betrothed persons are in general
punished with far less rigor than those of single men and women.
Thus twenty-one out of forty-three single women, and eight out of
thirteen single men, are sentenced to stripes alone, nineteen of
them receiving each from fifteen to forty lashes;


TABLE I

CASES OF FORNICATION BEFORE MARRIAGE IN THE COUNTY COURT OF SUFFOLK
COUNTY, MASS., 1671-80

  1. Fine only                                     3 married couples
        £5 (both)                                  1    "       "
        £3   "                                     1    "       "
        40s. "                                     1    "       "

  2. Fine and confession before the congregation
        or stripes                                 2    "       "

  3. Fine or stripes                              15    "       "

     _a_) Fine--
          £5 (both)                                3    "       "
          £4   "                                   3    "       "
          £3   "                                   1    "       "
          50s. "                                   1    "       "
          40s. "                                   7    "       "

     _b_) Stripes--
          20                                       2 husbands   0 wives
          15                                      12    "       2   "
          10                                       1    "      13   "


TABLE II

CASES OF FORNICATION BY SINGLE PERSONS IN THE COUNTY COURT OF
SUFFOLK COUNTY, MASS., 1671-80

     The most noticeable feature of these cases is the tendency
     on the part of single men to confess the crime and accept
     punishment, besides becoming bound as putative fathers. All the
     convictions for fornication are by confession or pleading guilty.

  1. Single women convicted           43

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Opening the text

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

The manuscript records of two counties of Massachusetts for a
portion of the seventeenth century appear to demonstrate that such
"miscarriages" before complete wedlock were not less frequent in
the Bay Colony.[578] A thorough analysis of the records of the
county court of Suffolk, covering the ten years 1671-80, brings to
light twenty of these cases, while during the same period there are
forty-three instances of transgression by "single women."[579] Now,
it is important to remember that the statutes of Massachusetts,
unlike those of Plymouth, do not discriminate between the offenses
of single persons and those committed with each other by espoused
lovers.[580] The question therefore arises as to whether the
_custom_ of pre-contract--for pre-contract was not established by
_law_ in that province--can be held in any way accountable for these
facts. A comparison of the penalties imposed in the two classes of
cases, as exhibited in Tables I and II, shows that an affirmative
answer must be given. The sins of betrothed persons are in general
punished with far less rigor than those of single men and women.
Thus twenty-one out of forty-three single women, and eight out of
thirteen single men, are sentenced to stripes alone, nineteen of
them receiving each from fifteen to forty lashes;


TABLE I

CASES OF FORNICATION BEFORE MARRIAGE IN THE COUNTY COURT OF SUFFOLK
COUNTY, MASS., 1671-80

  1. Fine only                                     3 married couples
        £5 (both)                                  1    "       "
        £3   "                                     1    "       "
        40s. "                                     1    "       "

  2. Fine and confession before the congregation
        or stripes                                 2    "       "

  3. Fine or stripes                              15    "       "

     _a_) Fine--
          £5 (both)                                3    "       "
          £4   "                                   3    "       "
          £3   "                                   1    "       "
          50s. "                                   1    "       "
          40s. "                                   7    "       "

     _b_) Stripes--
          20                                       2 husbands   0 wives
          15                                      12    "       2   "
          10                                       1    "      13   "


TABLE II

CASES OF FORNICATION BY SINGLE PERSONS IN THE COUNTY COURT OF
SUFFOLK COUNTY, MASS., 1671-80

     The most noticeable feature of these cases is the tendency
     on the part of single men to confess the crime and accept
     punishment, besides becoming bound as putative fathers. All the
     convictions for fornication are by confession or pleading guilty.

  1. Single women convicted           43

Public-domain text, read in full here on John Shaqi.

A History of Matrimonial Institutions, Vol. 2 of 3

A History of Matrimonial Institutions, Vol. 2 of 3

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