“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.”