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 581: June 16, 1663. At a county court at Charlestown,
"Daniel Weld and Bertha his wife convicted of fornication before
marriage, appeared and made humble acknowledgment of their sin
craving the favor of the court. Admonished seriously to consider
their great sin and fined £10 apiece. Execution respited during
the pleasure of the court."--_MSS. Records of the County Court of
Middlesex_, I, 243. On the same day before the same court John
Roy and wife were convicted of the same offense, and "pleaded
that it was committed a fortnight after their solemn contract
in marriage and being hindered of marriage were overcome by the
temptation." They had to pay only 40s.: _ibid._, 241.]
[Footnote 582: In these volumes there are five cases of
fornication by single persons. In the first, April 4, 1654, the
two culprits got each twelve stripes; in another, April 1, 1684,
a married man and a girl were parties, the man being sentenced
to pay £20 or receive thirty stripes, the woman, £5; and in
one instance, October 2, 1677, the woman was "whipt fifteen
stripes." More cruel was the fate of Sarah Pore. On July 7, 1785,
for refusing to name the father of her two children, she was
condemned "to be whipt severely twenty stripes and to lie in the
house of correction for twelve months, there to be kept at hard
labor and to be whipt once a month until she confess." Of course,
on August 14, she named the man. For these cases see _MSS.
Records of the County Court of Middlesex_, I, 39; III, 107, 194;
IV, 97, 171, 173.]
On presentment by the grand jury[583] or voluntarily confessions
were made by wives and husbands before the court; and these
documents contain evidence of the close relation
TABLE III
CASES OF FORNICATION BEFORE MARRIAGE IN THE COUNTY COURT OF
MIDDLESEX COUNTY, MASS., 1649-86 [EXCEPT 1663-71]
During the same period these records contain five cases of
fornication by single persons.
1. Fine only 15 married couples
£20 (together) 1 " "
£5 " 3 " "
£4 " 6 " "
£3 " 2 " "
40s. " 3 " "
2. Fine or stripes
_a_) Fine 10 " "
£1 (together) 5 " "
£6 " 1 " "
£4 " 3 " "
£3 " 1 " "
50s. (wife) 1
_b_) Stripes 10 "
20 6 husbands 0 wives
15 1 " 0 "
10 3 " 10 "
3. Stripes only
15 1 " (the wife 50s. or whipped)
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