The National Magazine, Vol. XV, No. 1, November 1891Various
History
The National Magazine, Vol. XV, No. 1, November 1891
Various
Local history -- Periodicals; United States -- History -- Periodicals; West (U.S.) -- History -- Periodicals
“It is therefore enacted by the Court that if any shall make any motion
of marriage to any man’s daughter or mayde servant not having first
obtayned leave and consent of the parents or master so to doe, shall
be punished either by fine or corporal punishment or both, at the
discretion of the bench and according to the nature of the offence. It
is also enacted that if a motion of marriage be duly made to the master,
and through any sinister end or coveteous desire he will not consent
thereunto, then the cause to be made known unto the Magistrates and they
to set down such order therein as upon examination of the case shall
appear to be most equal on both parts.”
COURTSHIP AND MARRIAGE—PROVINCE LAWS.
“May 1647. Whereas God hath committed the care and power into the hands
of parents for the disposing of their children in marriage, so that it is
against rule to seek to draw away the affection of young maidens under
pretence of purpose of marriage, before their parents have given way and
allowance in that respect; and whereas it is a common practice in divers
places for young men irregularly and disorderly to watch all advantages
for their evil purposes to insinuate into the affections of young
maidens, by coming to them in places and seasons unknown to their parents
for such ends, whereby much evil hath grown amongst us to the dishonor of
God and damage of parties; for prevention whereof for time to come:
It is further ordered that whatsoever person from henceforth shall
endeavour, directly or indirectly, to draw away the affection of any maid
in this jurisdiction, under pretence of marriage, before he hath obtained
liberty and allowance from her parents or governors, or in the absence
of such, of the nearest magistrate, he shall forfeit for the first
offence five pounds, for the second towards the party ten pounds, and be
bound to forbear any further attempt and proceedings in that unlawful
design without or against the allowance aforesaid; and for the third
offence upon information or complaint by such parents or governors to any
Magistrate, giving bond to prosecute the party, he shall be committed
to prison; and upon hearing and conviction by the next court, shall be
adjudged to continue in prison until the court of assistants shall see
fit to release him.”
In 1641, before this statute was enacted, a case occurred which Mr.
Pynehon records, in which he sentenced parties for the misconduct
forbidden by this statute. This must have been under his general
authority to examine misdemeanors and inflict corporal punishment.
Public-domain text, read in full here on John Shaqi.
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