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
The act had passed the house and received the governor's signature;
but the battle was not yet won. It is perhaps not surprising that
the ear of George III., in the days immediately following the
Stamp Act, should have inclined more to the desires[789] of the
loyalist clergy of the English church than to the complaints of
"sectaries" in a rebellious province. Accordingly, the marriage act
was disallowed by his Majesty; and the law of 1766 remained in force
until 1778, two years after the constitution of 1776 had brought the
establishment to an end.[790]
[Footnote 789: "It is interesting to note with what satanic
disregard of the rights of man the leaders in the Establishment
can write. Says Reed [minister in Craven County]: 'The bill
was pushed by the dissenting interest, and [because of] the
dangerous situation of the province from such formidable number
of malcontents [Regulators], the governor acted with the greatest
prudence in passing the bill with a suspending clause.... Should
this act receive the royal assent it would be a fatal stroke
to the Church of England, but as the insurrection is entirely
quelled, I flatter myself with hopes that the act will meet with
a repulse.'"--WEEKS, _op. cit._, 247; _N. C. Col. Rec._, IX,
6. Later the Board of Trade wrote that the law was in effect
a "bounty to the tolerated religion at the expense of the
established," and petitioned for its disallowance: _N. C. Col.
Rec._, IX, 7, 245, 251, 284, 366.]
[Footnote 790: SAUNDERS, _op. cit._, xlv, errs in saying that the
law of 1766 was repealed soon after its passage.]
IV. EPISCOPAL RITES BY LAW AND FREE CIVIL OR RELIGIOUS CELEBRATION
BY CUSTOM IN SOUTH CAROLINA AND GEORGIA
The history of marriage in South Carolina runs much the same course
as in the northern province; except that we hear of no struggle by
the privileged establishment to enforce the statutes eventually
enacted in its behalf. For a time, under the same charters, the
two colonies were ruled in the same way by the proprietors; and in
South Carolina for over three decades there was apparently full
toleration with respect to matrimonial rites. That such was the
case near the close of the seventeenth century may be inferred from
the registration act of 1696. It is required that "every man which
hereafter shall be married according to the rubrick of the Church
of England, or by any other contract or ceremony," shall record
his marriage in the register's office within thirty days after
celebration, or else forfeit "one royall" for neglect. But at the
time of registration he must produce "a certificate from under the
hand of the parson, minister, magistrate, or otherwise," attested
by "six persons at least met and congregated at such religious
meateing" where the ceremony took place. For neglecting to file the
certificate the register forfeits his office.[791]
[Footnote 791: COOPER, _Statutes at Large_, II, 120, 121 (act of
March 1695/6).]
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