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
for her maintenance and that of the family "one bushell of wheat
for every week and a sufficient quantity of Indian Corn and as much
flessh of all kinds as the stocks of Cattle, Sheep and hoggs" will
stand, with "sufficient quantity of Cyder and Brandy if so much be
made on the plantation." But if Frances exceed her allowance, then
it is to cease, and the "bond to be voyd." Out of her allowance
Frances is to have "free liberty to keep a white servant if she
shall think fitt;" also the usual colored servants, among whom are
mentioned "Jenny," "Queen," and "Billy boy," who are to "tend the
garden, goe of errands or with the coach, catch horses, and doe
all other necessary works" both in and about the house. Moreover,
with impulsive generosity, "ye sd John" binds himself, not only to
allow Frances "fifteen pounds of wool and fifteen pounds of fine
dresst flax or fifteen pounds of wool in lieu thereof every year
to spin for any use in the family she shall think fit;" but even
to suffer her "to give away twenty yards of Virginia cloth every
Year to charitable uses _if soe much remain after the servants
are clothed_." Finally, pending the marketing of the tobacco crop
in England, which will take twelve months, Frances is graciously
endowed by John with fifty pounds in money for support of herself
and the family, if there should happen to be so much left when all
the debts are paid.[741]
[Footnote 740: See, however, GOODWIN, _The Colonial Cavalier_, 45
ff.; and on social customs in general FISKE, _op. cit._, II, 174,
269.]
[Footnote 741: For this document see _The Virginia Mag. of Hist.
and Biog._, IV (July, 1896), 64-66.]
II. OPTIONAL CIVIL MARRIAGE AND THE RISE OF OBLIGATORY RELIGIOUS
CELEBRATION IN MARYLAND
The earliest extant record of a marriage in Maryland, we are
told, is that of William Edwin and Mary Whitehead, dated March
26, 1638. They were married by license, with security to the Lord
Proprietor for the payment of "one thousand weight of merchantable
tobacco, to be paid upon demand, in case the said William Edwin
hath precontracted himself to any other woman than Mary Whitehead
(spinster)," or in case there is any other lawful impediment to the
marriage.[742] According to Bozman, many similar marriage-license
bonds have been preserved.[743] The requirement of a "caution,"
in such cases, is enforced in the act of the assembly passed in
1640.[744] No marriage may be solemnized without banns "three days
before published in some Chappell or other place of the County
where publique instnts are used to be notified, or else afore oath
mad & caution entered in the County Court that neither partie
is apprentice or ward or precontracted or within the forbidden
degrees of consanguinity or under goverm^t of parents or tutors and
certificate of such oath & caution taken from the Judge or Register
of the Court."[745]
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