[902] For the instrument of surrender see Smith, Hist. of New Jersey, 211-19. There was a petition to separate from New York as early as 1728: ibid., 421 ff. Cf. also Cook, loc. cit., 359; Thwaites, Colonies, 211, 213, 214.
[903] Cook, loc. cit.
[904] Instructions to Lord Cornbury, 1702: in Leaming and Spicer, op. cit., 639; also in Smith, op. cit., 253.
[905] 5 Geo. I., in Acts of the General Assembly (Woodbridge, 1752), 79 ff. The form of bond is given p. 81. This statute is also in Allinson's Acts of the Gen. Assem., 1702-76 (Burlington, 1776), 53-57.
[906] Under penalty of £200, ministers, justices, or others are forbidden to join persons in marriage without banns or proper license: Acts of the Gen. Assem. (1752), 79, 80, 82, 84.
[907] Until the act of March 4, 1795, by which the act of 1719 was repealed: Laws of the State (Newark, 1800), 160.
[908] New Jersey Archives, First Series, IX, 504, 520, 521.
[909] See, for example, the curious pamphlet of Thomas Underhill, Hell broke loose: Or An History of the Quakers Both Old and New. Setting forth many of their Opinions and Practices. Published to Antidote Christians against Formality in Religion and Apostasie (London, 1660), 16, 37, where, contradictorily, they are accused of believing, "that we sould endeavor to be perfect; and therefore to forbear all carnall acts of Generation, as being of Sin and of the Devil; and therefore Husband and Wife should part asunder, or abstain;" and that "marriage was made by Man;" while one of them is charged with defending a woman who went naked and confessing "That of late he went to bed with a woman, who was not his wife, and that he did it without sin."
Read also The Quakers Spiritual Court Proclaimed (London, 1668), 5, 6, by "Nathaniel Smith Student in Physick, who was himself a Quaker, and conversant among them for the space of about XIV years": "Not long before this, they spoke against Marriage, and said, That it was for Lust; and that men ought to live soverly, For all Lust came of the Devil: and so they spoke against Marriage in general; but this continued not above three or four Years, at which time they began to Marry in Prison: and there was the first Marriage that I ever knew of. After this, that their Ministers did marry in Prisons, then the Common sort would marry in the Meeting: And it was after this Manner; Those two that were resolved to go together, (and many times there was not one that did know it besides themselves,) the Man and the Woman would stand up in the midst of them, or in some convenient place; the Man declaring after this manner, I take this Woman to Wife: and after, departed and went together as Man and Wife."
[910] Masson, Life and Times of Milton, V, 25; cf. Hallowell, Quaker Invasion of Mass., 23.