That none be allowed to marry that are under the covert of parents but by their consent and approbacion.



Appendix I: The Laws

Capitall offences lyable to death. Sodomy, rapes, buggery. Adultery to be punished. (Offences criminall, Altered.) [Adultery crossed out] ffornicacion and other uncleane carriages to be punished at the discretion of the Majestrates according to the nature thereof. Ffornicacion before contract or marriage. (PCR 11:12)

That none be allowed to marry that are under the covert of parents but by their consent and approbacion. But in case consent cannot be had then it shall be with the consent of the Governor, or some assistant to whom the persons are knowne whose care it shall be to see the marriag be fitt before it be allowed by him. And after approbacion be three severall times published before the solemnising of it. Or els in places where there is no such meetings that contracts or agreements of marriage may be so published, that then it shalbe lawfull to publish them by a writing thereof made and set vpon the usuall publike place for the space of fifteene days. Provided that the writing be vnder some majestrates hand or by his order. (PCR 11:13)

December 4, 1638

Wheras diuers persons vnfitt for marriage both in regard of their yeong yeares as also in regard of their weake estate, some praciseing the enveagleing of mens daughters and maids vnder gardians (contrary to their parents and gardians likeing) and of mayde sevants without leaue and likeing of their masters It is therefore enacted by the Court That if any shall make any motion of marriage to any mans daughter or mayde servant not having first obtayned leaue and consent of the parents or master so to doe shalbe punished either by fine or corporall 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 couetous desire hee will not consent therevnto Then the cause to be made knowne vnto the Majestrates and they to set downe such order therein as vpon examinacion of the case shall appeare to be most equall on both parts. (PCR 11:29)

June 4, 1645

It is enacted et cetera That euery person or persons which shall comitt Carnall Copulacion before or eithout lawfull contract shalbe punished wither with corporall punishment by whipping or els pay tenn pounds a peece fine and be ymprisoned during the pleasure of the Court so it be not aboue three dayes, but if they be or wilbe marryed one to another, then but tenn pounds both and ymprisonment as aforesaid. And by A lawfull contract the Court vnderstands the mutuall consent of two parties with the consent of parents or guardians (if there be any to be had) and a solemme promise of marriage in due tyme to eich other before two competent witnesses. And if any person or persons shall committ carnall copulacion after contract and before marriage shall both pay fiue pounds and be both ymprisoned during the pleasure of the Court so it be not aboue three dayes, or else in case they cannot or will not pay the fyne then to suffer corporall punishment by whipping. (PCR 11:46)

Wheras some abuses haue formerly broken out amongst us by disguiseing weareing visors and strang apparell to laciuious ends and purposes It is therefore enacted That if any person or persons shall hereafter use any such disquisements visors strang apparell or the like to such lacivious and euell ends and intens, and be thereof convict by due course of law shall pay fifty shillings for the first offence or els be publikely whipt and for the second tyme fiue pounds or be publikly whipt and be bound to the behauior if the Bench shall see cause. (PCR 11:48)

June 9, 1653

That euery person of the age of descretion which is accounted sixteen yeares whoe shall witingly and willingly make or publish any Lye which may bee pernitius to the publicke weale or tending to the dammage or hurt of any particulare person or with entent to deceiue and abuse the people with falce newes or reports and the same duely proued before any one Maiedtrate whoe hath heerby power graunted to heare and determine all offences against this Law; shalbee fined for euery such default ten shillings; And if the partie bee vnable to pay then to bee sett in the stockes soe longe as the said Maiestrate shall appoint in som open place not exceeding the space of two houres. (PCR 11:63) 

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