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
Governor Tryon, who approved the act of 1766, was not overfond of
the Presbyterians as such, and all other "sectaries" he looked upon
"as enemies to society and a scandal to common sense."[780] The next
year, writing to the Earl of Shelburne, he says the law of 1766 "has
more objects in view than appears on the sight of it." The Marriage
Act of "1741 to which it has relation entitles every Justice of the
Peace to marry by licence. In abuse of this privilege many Justices
performed the marriage ceremony without licence ... and took the
fee allowed to the Governor, most generally dividing the spoil
between the Justice and the Clerk of the county who gave the bond
and certificate. Another tendency of this Act was to prevent the
frequent abuses of rascally fellows who travelled thro' the province
under the title of ministers of the Presbyterian and other sectaries
and who being beggars in conscience as well as in circumstances
sought all opportunities to perform that sacred office to the great
prejudice of the country. It is also to be observed most of the
justices in the back or western settlements are Presbyterians, who
by the Act of 1741 had the power to marry by licence: Therefore upon
the whole I do not conceive the allowing the Presbyterian ministers
the privilege to marry in their usual and accustomed manner can be
of any real prejudice to the established Church especially as the
marriage fee is reserved to the ministers of the parish; and the
licence to be granted under the hand and seal of the Governor, this
last provision prevents the former abuses in the application of the
fee collected. The Act also provides a summary and effectual method
for the Governor to oblige the county court clerks to account for
the fees due to him: a recovery tho' an equitable one, was never yet
secured but in temporary laws."[781]
[Footnote 780: SAUNDERS, "Prefatory Notes," _N. C. Col. Rec._,
VIII, xlv.]
[Footnote 781: "Letter from Governor Tryon to Earl of Shelburne,
Brunswick, 31st January 1767," _N. C. Col. Rec._, VII, 432, 433.
On this act see also SAUNDERS, "Prefatory Notes," _ibid._, VIII,
xlv.]
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