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 proceedings of the Massachusetts courts contain the record of
many similar suits under a variety of conditions. Some are ordinary
cases of breach of promise.[607] In 1735 a woman was awarded two
hundred pounds and costs at the expense of her betrothed who after
jilting her had married another, although he had first beguiled
her into deeding him a piece of land "worth £100."[608] Hopestill
Aldrich in 1764 was not so successful. The higher court on appeal
declined to give her damage, because after beginning her action
against the faithless Darius Daniels she had married David Bowin,
"who is still living and is her lawful husband."[609] A number
of cases afford further evidence of the danger lurking in the
New England doctrine of espousals, the indemnity sought being
intended in part to punish personal wrongs committed under cover of
pre-contract.[610]
[Footnote 607: For examples see _MSS. Records of the County Court
of Middlesex_ (Apr. 2, 1661), I, 185; _MSS. Early Court Files of
Suffolk_ (1663), No. 573; _MSS. Records of the Superior Court of
Judicature_ (1725-29), fol. 333; _ibid._ (1725-30), fol. 338;
_ibid._ (1730-33), fol. 196.]
[Footnote 608: _Ibid._ (1735-36), fol. 243.]
[Footnote 609: Case of Daniels _v._ Bowin _et ux._: _ibid._
(1764-65), fol. 4.]
[Footnote 610: Thus in 1686 John Row was sentenced for
"committing folly with Martha Beale, then servant to his father,
& publishing himself in marriage to her and now denying to
accomplish the marriage."--_MSS. Records of the County Court
of Middlesex_, IV, 218. For other cases of this kind see _MSS.
Records of the Superior Court of Judicature_ (1730-31), fol. 1;
_ibid._ (1745-46), fol. 253; _MSS. Early Court Files of Suffolk_
(Nov. 19, 1663), No. 600.]
Puritan lovers did not always hesitate to prosecute their parents
for refusing marriage when permission had once been given. Such
was the fate of Hope Allen, who admitted before the Massachusetts
court that "he did give his consent y^t y^e said Mr. Deacon should
haue his daughter;" and accordingly for breaking his word he was
censured, and had to pay a fine of ten pounds for his "irregular
procedure."[611] The action might take a still more interesting
form, including both the recreant parents and the promised consort
in the same complaint. In this way Richard Sutton alleges "against
Moses Symonds and Sarah, his wife, and Elizabeth theire daughter,
that shee, the said Elizabeth, hath made a promise of marriage
vnto him, and is hindered by the parents ... from proceeding with
her therin." The court after due consideration decides that Moses
ought to pay the said Richard "the su[=m]e of three pounds, for
satisfaction for his time and charges spent about the [p=]mises;"
but not without kindly releasing the couple from their engagement,
"vnless on second considerations they shall see cause to renew
theire former couenants."[612]
[Footnote 611: _Mass. Col. Rec._, IV, Part II, 458.]
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