Goody Parsons did stiffly deny the truth of their testimonys, but the said witness had delivered their testimony upon oath, and finding that she had defamed ye good name of the Widdow Marshfield I sentenced her to be well whipped on the morrow after lecture with twenty lashes by the constable unless she could promise the payment of 3L to ye Widdow Marshfield for and towards the reparation of her good name.”
Marriage—Plymouth Colony Laws.—1638.
“Whereas divers persons unfit for marriage both in regard of their young years and also in regard of their weake estate, some practising the enveagling of men’s daughters and maids under guardines contrary to their parents and guardians likeing, and of maid servants without leave and liking of their masters.
“It is therefore enacted by the Court that if any shall make any motion of marriage to any man’s daughter or mayde servant not having first obtayned leave and consent of the parents or master so to doe, shall be punished either by fine or corporal 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 coveteous desire he will not consent thereunto, then the cause to be made known unto the Magistrates and they to set down such order therein as upon examination of the case shall appear to be most equal on both parts.”
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.”