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
4. Confessions and petitions 3 married couples
5. Convicted and respited 1 " "
existing between the colonial church and state. On October 31, 1671,
for instance, Christopher Wheaton and Martha his wife were sentenced
in Boston to make an acknowledgment "in publique at Hull to y^e
Satisfaction of y^e Congregation, & pay twenty Shillings fine," on
pain of being whipped ten stripes each by the constable.[584] An
elaborate "church confession," found among the Middlesex Files,
would seem to prove that in another case the decree of the court
was obeyed; and that the written acknowledgment made before the
congregation was returned to the court for record.[585]
[Footnote 583: See the long petition and confession of Samuel and
Elizabeth Manning, who had been presented by the grand jury of
Middlesex. It is expressed in perfervid pious phrase, much like
the "church confession" presently referred to: _MSS. Files of the
County Court of Middlesex_, June, 1664.]
[Footnote 584: _MSS. Records of the County Court of Suffolk_, 22.
There was another sentence of this kind at the same session of
this court.]
[Footnote 585: See the acknowledgment of Samuel Wright and Lydea
his wife beginning: "for as much as wee are heere called to
confese our sine before God and his people wee doe therefore
heere accnowlidg that wee haue sined in that wee haue brokne the
seuenth comandmente in neglecting of our deuty therein required
and comitinge the sine forbiddene: to the dishonour of God and
Scandalizinge of the gospel;" and so on in scriptural phrase to
the extent, in the author's copy, of a large typewritten page:
_MSS. Files of the County Court of Middlesex_, Oct., 1664.]
The files and records of the same two counties, supplemented by the
record of the superior court, may next be examined for the period
of the second charter. The impression made by their contents is
decidedly disagreeable and depressing. The coarser and more heinous
sexual crimes are growing more frequent, although due allowance
must be made for the increase of population. Indeed, the bulk of
the records of the general sessions appears to be concerned with
sexual immorality of almost every kind.[586] Inquiry is, however,
here restricted to the two classes of cases thus far considered.
For convenience the material is treated chronologically in two
divisions. The first division covers the period ending in 1725;
and the second the years 1726-80. Within the former period (Table
IV) the records of the general sessions of Suffolk for the years
1702-25, inclusive,
TABLE IV
SUMMARY OF FORNICATION CASES BEFORE THE GENERAL SESSIONS OF SUFFOLK
COUNTY, 1702-25, AND THE GENERAL SESSIONS OF MIDDLESEX COUNTY,
1692-1725
Between 1702 and 1725 the following cases brought conviction
before the general sessions for Suffolk county:
Cases of fornication where the woman alone was sentenced 104
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