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 common-law principle of marriage by mutual consent prevailed
in South Carolina (compare 10 McCord, _Statutes_, 357, ed. note;
and the case Vaigneur _v._ Kirk, 2 _S. C. Equity Reports_,
640-46, with H. W. Desaussure's note, 646). Referring to the law
of South Carolina, generally, BREVARD, _Alphabetical Digest_, II,
41, note, says: "How far the informality of a marriage may afford
ground for questioning its validity, on a trial for polygamy, may
perhaps admit of some doubt." Historically, however, the doubt is
exceedingly small that such an informal contract would be valid.
It is doubtful whether there were any courts in the southern
colonies vested with full matrimonial jurisdiction: see BISHOP,
_op. cit._, I, §§ 115-49.]
CHAPTER XIV
OPTIONAL CIVIL OR ECCLESIASTICAL MARRIAGE IN THE MIDDLE COLONIES
[BIBLIOGRAPHICAL NOTE XIV.--The _New York Colonial MSS._,
of more service for the history of divorce, afford several
important documents available for the present chapter. The use
of these papers is facilitated by O'Callaghan's _Calendar of
Historical Manuscripts_ (Albany, 1866). Among the treasures also
preserved in the State Library at Albany may be found the MS.
copy of the _Dongan Laws_, including the marriage act of 1684
concerning which there has been much discussion; and some forty
volumes of _MSS. Marriage License Bonds_, of interest to the
genealogist and historian. The use of these is made easier by
the published _Names of Persons for Whom Marriage Licenses Were
Issued by the Secretary of the Province of New York, Previous
to 1784_ (Albany, 1860), to which O'Callaghan has given an
_Introduction_.
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