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
No relaxation in the illiberal rule requiring solemnization
by a clergyman of the establishment was made until after the
Revolution. First in 1780 the court of each county was authorized
to license not more than four ministers of any religious society to
solemnize marriages. In 1784 ministers of all denominations, except
itinerants, were put on the same level in this regard. Already
the preceding year laymen "in the western waters" had grudgingly
been empowered to act, provided they make use of the ritual of the
English church; but it was not until 1830 that it became possible,
when the court saw fit, to appoint laymen for this purpose in all
counties of the commonwealth; and this policy has survived to the
present hour.[712]
[Footnote 712: See chap, xvi, where this legislation is treated
in detail.]
But if the Anglican clergy during the entire colonial period were
given a monopoly of matrimonial business, it by no means follows
that the dissenters, whose numbers were constantly gaining, ever
tamely submitted. On the contrary, they often took the law into
their own hands and had their marriages celebrated before their
own ministers, or resorted to the local magistrates. This fact is
made clear by the act of 1780 and subsequent statutes, by which
marriages irregularly contracted are declared valid. Indeed, as
early as 1677 we have evidence that dissenters refused to observe an
unjust and probably invalid law. A memorial of the bishop of London
in that year laments that in Virginia there is a great "defect in
the execution of those two wholesome laws ... of the Assembly, the
one prohibiting all marriages to be solemnized without a lawful
minister imposing the punishment due for fornication on the parties
& making their children illegitimate & so not capable of inheriting,
the other prohibiting any persone the ministeriall Function without
proveing himself to have first received Orders from some Bishop in
England."[713]
[Footnote 713: O'CALLAGHAN, _Doc. Rel. to Col. Hist. of N. Y._,
III, 253.]
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