Massachusetts -- Periodicals; New England -- Periodicals
The marriage of widows made special laws needful. Property was held in
the name of the husband. The wife owned nothing, though it came from the
meagre dowry of her own father. When the husband died the widow had
certain rights as long as she "remained his widow." These rights were
small at best, though the estate may have been accumulated through years
of their mutual toil and hardships. We have notes of a number of cases,
but give only a few. We omit the names of the contracting parties.
"T---- C---- of A---- and H---- B---- of S----, widow were married
together, September y'e 28th, 1748, before O---- B---- J.P. And at ye
same time y'e s'd H---- solemnly declared as in y'e presence of Almighty
God & before many witnesses, that she was in no way in possession of her
former husband's estate of whatever kind soever neither possession or
reversion." An excellent Deacon married an elderly matron, Dorothea
----, and before the Justice of Peace "Y'e s'd Dorothea declared she
was free from using any of her former husband's estate, and so y'e
s'd Nathaniel [the Deacon] received her." The following declarations
are not without interest. "Y'e s'd John B---- declared before marriage
that he took y'e s'd Hannah naked and had clothed her & that he took
her then in his own clothes separate from any interest of her former
husbands." Again a groom declares: "And he takes her as naked and
destitute, not having nor in no ways holding any part of her former
husband's estate whatever." We have also the declaration of a widower on
marrying a widow in 1702, who had property in her own name, probably
gained by will, "that he did renounce meddling with her estate." These
declarations evidence that the widow relinquished, and that the groom
received her without the least design upon the estate. It has been
intimated that in a few instances these declarations became a "sign,"
but we can hardly credit it. The "rich" widow was taken out of the
matrimonial problem.
The following affidavit is spread on the town records of Amesbury:
"Whereas Thomas Challis of Amesbury in y'e County of Essex in y'e
Province of y'e Massachsetts Bay in New England, and Sarah Weed,
daughter of George Weed in y'e same Town, County and Province, have
declared their intention of taking each other in marriage before
several public meetings of y'e people called Quakers in Hampton and
Amesbury, and according to y't good order used amongst them whose
proceeding therein after a deliberate consideration thereof with
regard to y'e righteous law of God and example of his people recorded
in y'e holy Scriptures of truth in that case, and by enquiry they
appeared clear of all others relating to marriage and having consent
of parties and relations concerned were approved by said meeting.
Public-domain text, read in full here on John Shaqi.
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