Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-02
THE LOCAL NEWS.
A Very Quiet Sabbath Day in
and Around the Fort.
DR.. LLOYD'S DlVORCEsARTICLE.
Another Interesting Chapter in the Dis
cussIon-The New Police 8eats-Bar-
ney Taken to Detroit-A Mad
Cow-Other Local News.
DIR. LOYD'S PAPER.
The Family, Its Importance and Peril
Marriage Laws in Colonial Times.


Marriage Laws in Colonial Times.
1t was stated in previous paper that the
present laws in the United States concern
ing the celebration Of marriage are not only
inferior to the laws on the same subjects in
many European countries, but are for more
lax than the laws that prevailed in America
in colonial times. This is 4 remarkable
statement. but sadly true, and easily capa-
Die of proof, as we shall proceed to show in
this article. At the time when the colonies
were first being established i'll America,
the laws prevailing III Europe on the sub
iect of marriage were exceedingly lax, and
1ur forefathers. seeing the evil that fol-
lowed, determined to avoid similar state
OF things In the New World.
Il was stated in the Connecticut law that
"Ths prosperity and well-bcing of common
weas doth much depend upon the well-gov-
erumeat and ordering of particular faml-
lies. which'in au ordinary way cannot be
g. pected where the rules of God are neg
lecicd i'll iay ing the foundation of 4 family
state" The reasoning in this extract is
sound and vail stand good as long as the
world endures. But in Interpreting the
rules Of L!od'' they forsook all precedent,
and instituted form of marriage celebra-
tiOn unique IN modern tlIneS. Its Chief
feature was HAT it had 70 be celebrated by
Il civil magiSrrate. in England none but or
daiued minister's OF the gospel could per
form the marriage ceremony; but these
coloniSts vent to- the other extreme and
allowed no one but u civil magistrate to
pronounce the words that made man and
woman husband and wife.
In lG4G the colonistS of Massachusetts,
bay enacted law that mo person whatever
n this Jurisdiction shall loin any persons
together III marriage but the magistrate or
such other as the general court or court of
assistants shall authorize in such
place where no magistrate is near Nor
shall any Join themselves in marriage but
before some magistrate or person author
lied as aforesaid" Two years later the New
Haven colony laws ordered that mo man
unless he be a magistrate in this jurisdic
ton. or expressly allowed by the general
court, shall marry any person, and that in
public place" In the colony of Rhode
island, according to law in 1911, every
marriage in order to be valid had to be
confirmed before the head officer of the
town.
In the Southern colonies also the early
marriage laws We're very strict, but unlike
the colonies further north their laws at
first allowed marriage TO be celebrated by
none but clergyman, and he OF the Church
of England But IN the process CT time, as
the dissenting ministers increased in num-
beers, aud The establishment grew in dis
favor the privilege of celebrating marriage
was extended TO both dissenting ministers
and to iaymen. THIS was true of Virginia
and Of Georgia IN l.S5 the laws of Georgia
said, All justices of the peace duly quail
fed, ministers or preachers OF the gospel
in this state regularly ordained, are author
lied TO solemnlze nuptialS, after public
notice of eight days being given, or by
license Of his honor the governor, or regis
tcr of probateSn In course of time the
Northern colonies also extended 10 minis
tiers the privilege of celebrating marriage.
In nearly ali of the colonies there was
cr,.alf strict ness Df law at three other points
points at which our modern laws are very
lax Marriage could not take place without
the publication of banns, or the procure
met of license, II must be BY consent of
parents or guardians, and must be cele-
brated in the presence of witnesses. Every
thing was done that could he done to secure
publicity and to prevent clandestine or I'M
lawful unions. All this is iii striking con-
trast with the lax customs of the present
day III 1875 the avs of Massachusetts
said THAT no magistrate or minister was
allowed to celebrate marriage without GER
titirate produced under the hand of the
CLERK OF the several towns where the par
ties respectively dwell, that the names and
intentions Of the said parties have been en-
tered with him for fifteen days beforehand
and that due publication has been made
nor without evident signihcation that the
parents of such persons, or others under
whose Immediate care or government they
are under. are knowing of and consenting
10 sucn marriage
The law of Rhode Island said in 1647
"No contract or agreement between man
or p woman 10 owne each other as man and
wife, shall b. owned from henceforth
threwout the whole colonie as lawful mar
rage. but such rs are in the first place with
the parents, then orderly published in two
several meetings Of the townsmen.' Like
wise in New Haven colony laws said: no