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
Cases of conception before marriage with fine, and in a few
cases fine or whipping for husband, or both husband
and wife 48
Cases of woman fined or whipped, and putative (or acknowledged)
father sentenced to maintenance of child 44
Between 1692 and 1725 there were the following convictions
before the general sessions for Middlesex county (each case
stands for both man and woman if both were tried):
Cases of fornication 135
Cases of fornication and conception before marriage 155
yield forty-eight cases of conviction of married couples for
pre-nuptial misconduct, as compared with 148 cases of single women
sentenced for the same offenses.[587] The corresponding records
of the general sessions of Middlesex for the years 1692-1725
contain the extraordinary number of 155 cases of the first class,
as compared with 135 of the second. In a great many instances the
husband or both husband and wife appear "freely and voluntarily" and
confess their guilt.
[Footnote 586: There are (1) many cases of bastardy, the woman
being usually fined or whipped and the man in most cases
sentenced merely to contribute to the child's support; for a
few examples see _MSS. Records of the Court of Gen. Sessions of
Suffolk_, I, 112 (1705), 190, 192 (1709); II, 234 (1719); III,
154, 308 (1724); IV, 331 (1731): _MSS. Records of the Court of
Gen. Sessions of Middlesex_, II, 197, 203, 204 (1729-30); (2)
killing of bastard, at least ten convictions between 1692 and
1725, in nine of which the woman was sentenced to death; and not
less than a dozen presentations and one capital sentence after
1725: see examples in _MSS. Records of the Superior Court of
Judicature_, II (1686-1700), 49, 50; III (1700-1714), fol. 270;
_ibid._ (1725-29), fol. 111; _ibid._ (1772), fol. 98; _ibid._
(1757-59), 295; (3) miscegenative fornication, a number of cases,
the white woman almost always receiving twenty stripes: examples
in _MSS. Records of the Court of Gen. Sessions of Suffolk_, I,
144 (1706), 206 (1710); II, 43, 45 (1713); (4) rape, at least two
cases: _MSS. Records of Superior Court of Judicature_ (1739-40),
fol. 225; _ibid._ (1767-68), fol. 261; (5) prostitution of wife,
one case: _MSS. Minute Books of the Court of Gen. Sessions of
Suffolk_, III, Dec. 3, 1756. The darker crimes were, however, not
unknown to the period of the first charter. Between 1674 and 1681
in Massachusetts four persons were sentenced to death for rape:
NOBLE, _Records of the Court of Assistants_, I, 21, 50, 74, 199.]
[Footnote 587: Here are two typical cases:
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