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.

“January 11, 1640, it is ordered that John Hobell shall be well whipt

by the constable for two misdemeanors, first for proceeding to get

promises of marriage from Abigail Burt, after that both he and she had

been prohibited by her father several times (and also for offering and

attempting to doe the act of fornication with her as they both confesse,

though as far as we can discerne by any proof of justice the act was not

done).

Also Abigail Burt is found guilty in both the said faults, and is also to

be well whipt by the constable for the said faults.”

COMMON RAILERS AND BRAWLERS were punishable by the old provincial laws as

they are by our present laws, but in a different way. A curious case is

recorded by Mr. Holyoke as having come before the courts at the time John

Pynehon, Samuel Chapin and Eliziar Holyoke were the Magistrates.

“March 13, 1655—Obadiah Miller complaynes against Joane, his wife, for

abusing him with reproachfull tearmes or names as calling him foole,

toad, vermine and threateninge him; as also for yt yesterday shee fell

upon him endeavoring to beat him, at which tyme shee scratched his face

and hands. The case being examined it was found that Joane, the wife of

Obadiah Miller was guilty of very evil behavior towards her said husband;

it being proved by the testimony of John Lamb and Tho. Miller.

John Lamb testifyed he heard her say shee would knock him on the head,

and yt shee did often call him foole and other reproachful tearmes.

Thomas Miller testifyed yt wn his brother Obediah, his wife lived with

him she did comonly call him foole and vermine; and he doth not remember

he ever heard her call him husband, and that shee said shee did not love

him but hated him; yea shee here said shee did not love him and shee

should not love him.

For which, her vile misbehaviour towards her husband, she was adjudged

to be taken forth to ye whipping post, there to receive soe many stripes

on ye naked body as ye commissioners should see cause to inflict on

her; whereuppon shee was brought forth, but by her humileation and

earnest protestations for better carriage towards her said husband,

the punishment was remitted and this sentence passed yt for the least

miscarriage to her husband after this tyme, shee should be brought forth

agayne to receive a good whipping on the naked body well laid on.”

The National Magazine, Vol. XV, No. 1, November 1891 · 第 31 / 51 题