The Bay State Monthly, Volume 3, No. 1

By Rev. Anson Titus

The story of courtship and marriage is ever fascinating. It is new and fresh to the hearts of the youthful and aged. A few words upon the marriage day in the early New England will not be without interest. September 9, 1639, the General Court of Massachusetts Bay Colony passed a law ordering intentions of marriage to be published fourteen days at the public lecture, or in towns where there was no lecture the "intention" was to be posted "vpon some poast standinge in publique viewe." On this same day it was ordered that the clerks of the several towns record all marriages, births and deaths. This was a wise provision. It at once taught the people of the beginning and of the designed stability of the new-founded government.

The course of true love did not run smooth in these early days any more than to-day. Parents were desirous of having sons and daughters intermarry with families of like social standing and respectability. But the youth and maid often desired to exercise their own freedom and choice. On May 7, 1651, the General Court ordered a fine and punishment against those who "seeke to draw away y

affections of yong maydens." In the time of Louis XV, of France, the following decree was made: "Whoever by means of red or white paint, perfumes, essences, artificial teeth, false hair, cotton, wool, iron corsets, hoops, shoes, with high heels, or false tips, shall seek to entice into the bonds of marriage any male subject of his majesty, shall be prosecuted for witchcraft, and declared incapable of matrimony." The fathers of New England may have made foolish laws, but this one in France at a later time goes beyond them. The seductive charms of the sexes they deemed could not be trusted. Wonderment often comes to us of the thoughts and manners of the sage law-makers when their youthful hearts were reaching out after another's love.

The marriage day was celebrated with decorum. The entire community were conversant of the proposed marriage, for the same had been read in meeting and posted in "publique viewe." The earliest lawmakers of the Colony were pillars in the church, and though they did not regard marriage an ordinance over which the church had chief to say, yet they desired an attending solemnity. In 1651 it was ordered that "there shall be no dancinge vpon such occasions," meaning the festivities, which usually followed the marriage, at the "ordinary" or village inn.

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

28th, 1748, before O– B– J.P. And at ye same time y

s

H– solemnly declared as in y

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

s

Dorothea declared she was free from using any of her former husband's estate, and so y

s

Nathaniel [the Deacon] received her." The following declarations are not without interest. "Y

s

John B– declared before marriage that he took y

s

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

County of Essex in y

Province of y

Massachsetts Bay in New England, and Sarah Weed, daughter of George Weed in y

same Town, County and Province, have declared their intention of taking each other in marriage before several public meetings of y

people called Quakers in Hampton and Amesbury, and according to y

good order used amongst them whose proceeding therein after a deliberate consideration thereof with regard to y

righteous law of God and example of his people recorded in y

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.

Now these certify whom it may concern y

for y

full accomplishment of their intention, this twenty-second day of September being y

year according to our account 1727, then they the s

Thom

Challis and Sarah Weed appeared in a public assembly of y

afores

people and others met together for that purpose at their public meeting-house in Amesbury afores

and then and there he y

s

Thom

Challis standing up in y

s

assembly taking y

s

Sarah Weed by y

hand did solemnly declare as followeth:

Friends in y

fear of God and in y

presence of this assembly whom I declare to bear witness, that I take this my Friend Sarah Weed to be my wife promising by y

Lord's assistance to be unto her a kind and loving husband till death, or to this effect; and then and there in y

s