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
It is significant that throughout the whole colonial period all
persons in Maryland, except members of the establishment, should
have had unrestricted liberty to contract civil marriage, only
to have that liberty taken away after the Revolution began. By
the reactionary law of 1777, "the rites of marriage between any
white persons, subjects or inhabitants of this State, shall not be
celebrated by any person within this State, unless by ministers of
the Church of England, ministers dissenting from that Church, or
Romish priests, appointed or ordained according to the rites ... of
their respective churches, or in such manner as hath been heretofore
used and practiced in this State by the society of people called
Quakers."[758] This monument of religious conservatism has survived
to our own time.
[Footnote 758: KILTY, _Laws_, 1777, chap. 12, sec. 5; also _Laws
of Md._, 1763-87 (Annapolis, 1787), chap. xii, sec. v; _cf._
COOK, "Mar. Cel. in the Colonies," _Atlantic_, LXI, 357.]
No attempt is here made to describe wedding customs in the
colonial era;[759] but the _Archives of Maryland_ contain a unique
document, entitled "Articles of Courtship," which may serve as
companion-piece and counterpart to the "Marriage Agreement" with
which the domestic economy of Virginia, half a century later, has
already been illustrated. In this instance Robert Harwood essays
by formal indenture to compound a lawsuit and at the same time
reclaim the reluctant affections of Elizabeth Gary, despite the fact
that ungallantly he had sought to requite her fickleness through
"slanders and unhandsome attempts." From the "Articles of agreement
... made the 24^{th} of September 1657 between Peter Sharpe of
Putuxent County in th^e Province of Maryland Chirurgeon of the one
p^{te,} and Robert Harwood of the Same County planter of the other
parte," it appears that "there hath been a Suit Commenced by the
Said Peter Sharpe before the Governour and Councell ... a gainst the
abovenamed Robert Harwood on the behalf of Elizabeth Gary Daughter
of Iudith now the wife of the Said Peter Sharpe, for reparation for
Slanders, and undhandsome attempts charged to be acted and reported
by the Said Robert Harwood to the great Detriment of the Said
Elizabeth, and of the Said Peter Sharpe his wife and family;" and,
on the other side, that Robert, "for his own Vindication, doth much
insist upon a former promise of Marriage Grounded upon a Mutuall
declared affection" between him and Elizabeth, "obtained after a
long familiaritie and Sollicitation;" with which engagement the said
Peter and Judith his wife "are much dissatisfied," but which they
are nevertheless willing to see followed by wedlock, if Elizabeth
really have the proper "affection and resolution of marriage to and
with the Said Robert."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account