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 590: In general the later the date of the case, the
smaller the fine. With few exceptions fines of 25 shillings or
less are after 1745; and most of those for 5 shillings or under
are many years later. The "married couples" and the "wives" are
only fined. Eight "single women" have the alternative of fine
or stripes as follows: One (1734), £5 or 5 stripes; two (1755,
1770), £3 or 10 stripes; two (1746, 1756), 50 shillings or 10
stripes, the first being an "old offender;" one (1751), an "old
offender," 40 shillings or 10 stripes; one (1758), 10 shillings
or 10 stripes; one (1761), 5 shillings or 10 stripes. One woman
(1747), whose child is a mulatto bastard, is given 20 stripes and
sold into "service." In two similar cases (1759, 1772) 10 and
20 stripes respectively are deemed sufficient; while in another
instance (1761) an "old offender" is sentenced to 20 lashes. In
the later years, it will be noted, stripes decrease in money
value. On the other hand, with the progress in humanism, they are
probably lighter and therefore worth less.]
There can be little doubt that in the eighteenth century, just
as in the age preceding, the general cause of this ante-nuptial
immorality--and probably also of some part of the similar
misconduct of single persons whose engagements were not followed by
wedlock--was the custom of solemn pre-contract which still survived.
During the second quarter of the eighteenth century the penalties
were relatively severe, though not so rigorous as during the period
of the first charter; but the facts exhibited in Table VI show that
the courts still treated pre-nuptial offenders more mercifully than
those who were not married.
To determine the special cause of the sudden rise in the number
of confessions during the same period is a more difficult matter.
It is not improbable that a suggestion of Charles Francis Adams,
regarding another aspect of the problem, may give us a clue to
its right solution. Already the practice of church confession of
these offenses, in obedience to judicial decree, has been noticed;
and independently of the courts, as a religious expiation, such
acknowledgments were required by the authority of particular
churches. In the eighteenth century, if not earlier, under the
"seven months rule," the culpable parents were forced to humble
TABLE VII
FORNICATION CASES BEFORE THE GENERAL SESSIONS OF SUFFOLK COUNTY,
MASS., SEPTEMBER, 1725, TO OCTOBER, 1732[591]
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