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 728: SPOTSWOOD, _Letters_, I, 128 n. 90; BEVERLEY,
_Hist. of Va._, 211; HENING, _op. cit._, III, 45; VI, 84, 85,
etc. Earlier the marriage fee was 2 shillings: _ibid._, I, 160,
184.]
[Footnote 729: _Acts of the Gen. Assembly_, 203.]
Marriages within the "levitical degrees prohibited by the laws of
England" were forbidden;[730] and curious and stringent regulations
concerning the secret marriage of indented servants were made.
Thus in 1642-43, since "many great abuses & much detriment hath
been found to arise both against the law of God and likewise to
the service of manye masters of families in the collony" by secret
marriage of servants, it is provided that a man servant contracting
a secret marriage with a maid servant shall serve an additional
year after the completion of the term of indenture; while a maid
servant so offending is to double the time of her service. A
freeman for secretly marrying an indented maid servant must double
the value of her service and pay a fine of five hundred pounds of
tobacco to the parish where the offense is committed.[731] The
unjust discrimination against female servants was done away with
in 1657-58.[732] A still more rigorous law was passed in 1661-62.
The minister is prohibited under a penalty of ten thousand pounds
of tobacco from either publishing the banns or celebrating the
contract of marriage without a certificate of consent from the
masters of both the persons, who are each to suffer the penalty of
a year's extra service, as before; while the freeman clandestinely
marrying a servant is to pay to the master fifteen hundred pounds
of tobacco or a year's service.[733] But in 1748 for the offending
parties the year's extra service is commuted at "five pounds current
money."[734] It may be noted that in this Virginia legislation there
is no provision like that of Plymouth for compelling the consent of
stubborn masters.
[Footnote 730: HENING, _op. cit._, IV, 245 (1730). Marriage with
a deceased wife's sister is forbidden: _ibid._, XII, 689 (1788).]
[Footnote 731: _Ibid._, I, 252, 253.]
[Footnote 732: _Ibid._, 438. By this act either the man or the
woman suffers a penalty of one year's extra service.]
[Footnote 733: _Ibid._, II, 114. The penalty for a freeman was
made 1,000 pounds of tobacco in 1705: _ibid._, III, 444.]
[Footnote 734: _Ibid._, VI, 83, 84.]
The matrimonial history of Virginia begins with the nuptials of Ann
Burras and John Laydon, celebrated in 1608.[735] A few years later,
in Dale's code, appear the first marital regulations, though to
what extent they were ever carried out must remain uncertain. Every
minister is required to "keepe a faithful and true Record, or Church
Booke, of all Christnings, Marriages, and deaths of such our people,
as shall happen within their Fort, or Fortresse, Townes or Towne at
any time, vpon the burthen of a neglectfull conscience, and vpon
paine of losing their Entertainment."[736]
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