USA > New Jersey > Marriage records, 1665-1800, Vol XXII (from various church records) > Part 10
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1 Leaming and Spicer, 164. 2 Ibid .. 236.
3 Lord Bellomont wrote, October 19, 1700, that in " the Jerseys" marriage by a justice of the peace was "their way of marrying there."-Y. Y. Col. Docs., IV., 766.
WEST JERSEY MARRIAGE LAWS, 16S2.
mony, without the Consent and Knowledge of the Parents or Trustees of such Persons so Married (if such Consent can reasonably be obtained) then such Justice so offending shall be fined according to Discretion of the General Assembly : After which Marriage the Clerk or Register is hereby appointed and authorized to enter the Day and Year whereon the same Mar- riage was solemnized into the Publick Register."!
This act was clearly on its face opposed to the Friends' view that Marriage should be a simple agreement between the two parties most interested, testified in the presence of wit- nesses, and without the mediation of priest or magistrate. However, the Friends of Burlington seem to have effected an ingenious compromise, by which it was the practice to have a Justice of the Peace present as one of the witnesses before whom the ceremony took place. The following entries in the early records of Burlington apparently bear out this con- jecture :
SOME BURLINGTON MARRIAGES, 16SO-1684.
" The Marriage betweene Charles Baggley and Elizabeth Stephens being first published according to order, was solemp- nized the 27th of May 1682 before Elias ffarre, Justice, and Thomas Gardner Commission" and other witnesses and Tho. Revell Registr.
" The Marriage between Thomas Sharman and Frances Ward being first published according to order, was solemp- nized the ist day of November 1682, Before Mahlon Stacy Justice Tho : Revell jun" Tho. Scholey, Martha Brumley and Tho. Revell Registr.
" The Marriage betweene Walter Reeve and Anne IIowell, being first published according to order, was solempnized the IIth day of December 1682, Before Robert Stacy Justice John White and Thomas Revell Registr.
" The Marriage between William Barnes and Martha Bromley being first published according to order, was solemp- nized the 13th day of ffebruary 1682 : Before John Cripps Jus- tice, Samuel Tayler, Susanna ffarnsworth, Alice Newbold, Elizabeth Revell and Tho : Revell Regist".
1 Leaming and Spicer. 446.
1xxxvi
SOME BURLINGTON MARRIAGES, 16S2-3.
" The Marriage between ffrancis Beswick and Priscilla Pacock being first published according to order, was solemp- nized the 19th day of ffebruary 1682 Before Robert Stacy and Elias ffarre Justices, Tho. Revell Registr Godfrey Hancock Tho : Wright and sevrall other witnesses.
" The Marriage betweene William Lee and Joan South being first published according to order, was solempnized the 23th day of the Seaventh Moneth called September 1683 : Be- fore Tho : Gardner, Jnº Cripps, Jnº Dewsbury,. Tho : Revell, Jnº Haynes, Margrett Haynes and Mary Cockayne.
" The marriage betweene Richard Boyes and Mary Dodson being first published according to order, was Solempnized the first day of ye nyneth Moneth called November 1683, Before Thomas Gardner Justice, Tho: Revell Record", Godfrey Hancock, Thomas Tyndall, Richd Harrison, Charles Brig- ham, Thomas ffoulkes jun", Joshua Wright junr, Mary Wright, Elizabeth Revell Hellen Stacy and Isbell Chapman.
" The Marriage betweene John Woolston Jun' and Lettice Newbold being first published according to order, was Solemp- nized the Sixth day of the Tenth Moneth called December Anno 1683 Before Elias ffarre and ffrancis Collins Justices and Thomas Revell Recordr And John Shinn Senr John New- bold Godfrey Hancock Junr John Shinn Junt and Jane Garr- wood.
" The Marriage betweene George Elkincton and Mary Bingham, being first published according to Lawe, was Sol- empnized the one and Thirtieth day of the Eleaventh Moneth called January Anno 1683, before Sam11 Jenings, Governor, Thomas Gardner and Tho : Budd Justices and ffrancis Collins Justice Isaac Marriott, Wm. Brightwen, Jnº Budd and sever- all others.
" The Marriage betweene Peter Jennings and Anne Nott, being first published according to Lawe : was Solempnized the Twentieth day of ye first Moneth called March 1683-4; before John Gosling Justice & And Thomas Revell Record", John Cripps, Walter Pumphary, Timothy Brandreth, John Tulye, Philip Creeke, Joseph Blowers, John Renshawe, John fleckne, Onesiph : Aughwick Godfrey Hancock jun' JoAnna
SOME BURLINGTON MARRIAGES, 1684. lxxxvii
Pryor, Sarah Basnett, Mary Dimsdale, Sarah Collins, Sent and Jun", Mary Cripps and Margrett Collins.
" The Marriage betweene Jodia Iliggins and Mary New- bold being first published according to Lawe, was Solemp- nized ye Twelveth day of ye Third Moneth called May 1684, before Elias ffarre Robert Stacy Justices and Thomas Revell Registr, Joseph Wood Eliakim Higgins, Tho : Higgins, Mar- grett Newbold Mary Peirson Elizabeth Hull Sarah Higgins Elizabethi Revell, Elizabeth Stacy Hellen Stacy.
" The Marriage betweene Robert Ingall and Joan Horne being first published according to order, was Solempnized ye Fourth day of ye ffifth Moneth called July 1684: before Rob- ert Stacy Justice Tho : Revell Registr, Tho. Butcher Jnº Day" and Elizabeth Daye."1
PROTECTING UNWARY MAIDENS.
At a time when a new and sparsely settled country was likely to be overrun with adventurers, it was manifestly ad- visable to protect the young and unwary against such gentry, as the West Jersey Assembly did by the following act of 5th of 7th mo., 1683, which, moreover, was strictly in line with the prudent regulations of Friends, in securing their youth against hasty marriages with unknown strangers :
" Whereas it hath pleased God to commit this Country and Province, into the Hands of such who (for the generality of them) are fearing God, and painful and industrious, in the promoting and improving the said Province ; and for the bet- ter preventing of such as are Prophane, Loose, Idle and Scandalous from settling amongst us, who are, and will not be only unserviceable, but greatly burdensome to the Province. It is therefore hereby enacted by the Authority aforesaid, that all Person and Persons, who shall transport him, or them- selves, into this Province, shall within Eighteen Months after he or they shall arrive in said Province, procure and produce a
1 Burlington Records. in the office of the Secretary of State. at Trenton, sub annos. This practice anticipated the law of Pennsylvania. of 1693. cited above, requiring the presence of at least one Justice of the Peace at the solemnization of every marriage. It was said that thirteen marriages had taken place in Bur- lington from its settlement to 16-1 .- Proud's Hist. Pennsylvania. 1 .. 159: Hazard's Annals of Pennsylvania. 156.
lxxxviii
PROTECTING UNWARY MAIDENS.
Certificate under the Hands of such of that Religious Society to whom he or they did belong, or otherwise from two Magis- trates (if procurable) or two Constables or Overseers of the Poor, with three or more creditable Persons of the Neighbour- hood, who inhabit or belong to the Place where he or they did last reside, as may give satisfaction (that is to say) that he or they came not clandestinely away, and (if unmarried) that he or she are clear from former Engagements, in that particular, and also that he or she, are such as live soberly and honestly to the best of their Knowledge. And that no Justice shall pre- sume to Marry any such Person or Persons, who shall come into this Province before such Certificate be Procured, or that it be laid before the Governor, and two Justices, and give them sufficient satisfaction concerning their clearness. And that all such Person and Persons who shall settle in the said Province, and shall refuse or neglect to procure such Certifi- cate as aforesaid, within the said Eighteen Months, shall be fined at the Discretion of the Governor and Council of the said Province, not exceeding Twenty Pounds; the same to be lev- ied by distress and Sale of the Offenders Goods, and to be paid into the hands of the Treasurers of the said Province."1
AN ANTE-NUPTIAL CONTRACT IN I686.
Herewith is given an interesting ante-nuptial contract, of I 686 :
" This Indenture wittnesseth that at Woodbridge in ye province of East New Jersey the twentieth and sixth day of January in ye year of our Lord one thousand Six hundred Eightie and Six It is appointed aggreed and finally contracted Between Mr. James Dundas of Amboy Gent. of ye one part and Mrs. Jannet Riddell Eldest Daughter to Mr. Archibald Riddell Minister of ye Gospel at Woodbridge aforesd and ye sd Mr. Archi- bald Riddell for his Interest and Takeing the Burden upon him
1 Ibid., 474. Similar legislation obtained in New England, where an act of this kind was objected to by some of the Ministers and vestrymen of the Church of England. Lord Bellomont. November 28, 1700. explained the object of such leg- islation: "The truth is, as I have been informed, some loose people have some- times come from England and married in New England. though they had left wifes behind them in England and this law was calculated cheifly for prevention of such marriages. "-N. Y. Col. Docs .. IV., 793.
Ixxxix
A MARRIAGE SETTLEMENT, 16S6.
for his sd Daughter and they both with one Consent and assent on ye other part In Maner forme and Effect as hereafter followes That is to say the sd Mr. Dundas shall accept and take and doth hereby accept and take the sd Mrs. Jannet Riddell for his Lawfull Spouse and ye sd Mrs. Jannet Riddell with Consent as aforesd shall accept and take and doth hereby accept and take ye sd Mr. James Dundas for her Lawfull Husband And both of them are Joyntly obleidged to Solemnize and Compleat ye sd marriage in a due and Right Maner In Contemplation of weh marriage the sd Mr. James Dundas Doth hereby obleidge him- self his Heires Exrs and Adminstrs wth his Estate moveable or Immoveable to have in readiness betwixt this and tenth day of December next in ye year of our Lord one thousand six hundred and eighty-seven ye sume of seven hundred pounds Sterling or ye value in goods or merchant wares to be Im- ployed upon Lands or other suitable Improvements for ye use and behoofe of him the sd Mr. James Dundas and Mrs. Jannet Riddell his future spouse and ye Children to be procreate be- tween them weh failing to be disposed of as is after appointed in consideration whereof ye abovesd Mr. Archibald Riddell doth hereby obleidge himself his Heires and Excrs well and truely to pay or Cause to be payed unto ye abovenamed Mr. James Dundas betwixt ye date hereof and ye first day of June Next Ensueing ye sume of one hundred and eighty pounds ster- ling wch sume is to be accumulate in ye aforesd sume of seven hundred pounds and to be Imployed as aforesd and so often as ye sd Mr. Dundas does uplift ye sd ac- cumulate sume or any part thereof that as oft he obleidges himself of New to Imploy it to ye best advantage for ye proper Use of him ye sd Mr. James Dundas and his future spouse and ye children to be 'procreate betwixt them weh fail- ing to be disposed of in Maner following yt is to say If it so happen that at ye time of ye sd Mr. Dundas his deceass there shall be noe Childreen alive of ye Marriage nor his sd spouse at ye time wth child That then two third parts of all ye aforesd Estate of Lands Money Bonds Accompts Merchant Wares or other moveable or Immoveable Estate whatsoever pertaining to ye sd Mr. James Dundas at ye time of his deceass in this province or anywhere Else shall belong unto and Immediately become ye
xc
A MARRIAGE SETTLEMENT, 1686.
proper Right and Inheritance of ye sd Mrs. Jannet Riddell her Heires Exers or assigns, but in Case ther shall be Children of ye Marriage one or more alive at ye time of her sª Husbands deceass that then she and her aforesds shall have Right to one third part onely of ye whole Estate as is above named as her or their Inheritance with her Life-rent of one sufficient dwelling house and three hundred acres of good arable ground about it as her dowrie and to have ye Charge and overseight of ye Child or Childreen with a suitable and sufficient allowance for their board Cloathing and Education so long as she contin- ues unmarried And if it should happen that ye Child or Chil- dreen of ye marriage should die dureing ye time of her Wid- dowhood that then and in such Case she and her aforesds are to have right to two thirds of all ye Estate moveable and Im- moveable as is above Expressed as if there had been No Chil- dreen alive at ye time of her sª husbands deceass And in Case ye sa Mrs. Jennet Riddell should die before her sd husband leaveing behind her one or more Childreen of this Marriage that then ye one Moitie or half part of all ye Lands Chattells moneys bonds merchandize or other Estate Moveable or Im- moveable above Expressed that they or any of them have a right unto at ye time of her deceass shall belong unto ye sd Child or Childreen then Liveing as their right and due patri- monie and that all ye Articles abovenamed be duely performed the Nearest of Kine on both sides are hereby Impowered by Consent of all parties to see ye same take Effect Either in an amicable way or by Course of Law if Need be. In witness whereof,
" James Dundas, Jannet Riddell
" Arch. Riddell
" Witnesses
" Neill Campbell, Archibald Campbell, And : Hamilton, " Patrick Falconar, Wal: Riddell, George Henrie, James " Scott."
A MARRIAGE THAT WAS A FAILURE.
That marriage (at least of the common law kind) was sometimes a failure two hundred years ago is evident from a
1 East Jersey Records, ut supra, Liber F. p. 675.
xci
A COMMON LAW MARRIAGE FAILURE.
post-nuptial agreement made March 7, 1689-90, by James Sea- towne, of Woodbridge, with Rebeckah, daughter of Thomas and Rebeckah Adames, and her said father, which sets forth that James and Rebeckah having lived together as man and wife under civil contract, they agree to separate, James giving to Rebeckah the dwelling house with furniture, on the south side of Cedar Cove, Woodbridge, and thirty acres adjoining, as described in deed of gift from said Thomas Adames, to said James Seatowne.1
THE COLONIAL PRACTICE AS TO MARRIAGE LICENSES.
The practice of the day regarding marriage licenses is thus set forth in a petition to the Governor and Council, November 27th, 1684 :
" The humble Request of James Emott Dept Secretary of this Province being then Read setting forth that whereas it has bin the Laudable Custome and practice as well in this Prov- ince as all other Neighbouring Adjacent provinces that vpon applicac'on made for a License for Solemnizeing Marriage the Secretary vpon taken Security of such prsons as Request the same that they are vnder noe other obligac'on or p"contract of Marriage immediately to make out a License p'cureing the same to bee signed by the Governor and given vnder the seale of the province-praying an Order of Councill may bee passed for the Continueing ye said Custome-After the same were Considerably Debated the whole Councill was Consenting to passe an Order for the Continuac'on of the said Custome, but the Deputy Governor? Desired that the same might be Differ'd till the next setting of this Councill "-3
The subject of this petition engaged the attention of the Legislature in 1693, whether for curing irregularities in mar- riage, or to increase the revenue of certain officials from license fees, does not appear. The proceedings are thus minuted in the Journal of the Governor and Council :
Oct. 30, 1693-" A Message by Thomas Gordon to ye house of Deputyes wth 3 bills past by this board viz :
1 N. J. Archives. XXI .. 184.
2 Gawen Lawrie.
3 N. J. Archives. XIII., 138.
xcii THE COLONIAL PRACTICE AS TO MARRIAGE LICENSES.
one for regulate of Lycences for publick houses & marriages and take off' ye Excise &c.
Oct. 31, 1693-" A Message by John Reid & Sam11 Dennes wth 2 bills past ye house viz : a bill for regulateing of marriages & another for takeing off ye Excise & Impower- ing ye Goverr to grant lycences to ordinary keepers & ye Bill sent yesterday returned & by this [board] devided into two.
Nov. 2, 1693-" A Message by Thomas Gordon Clerk of this board to ye house of Deputyes to Informe them yt ye bill for Regulateing of marriages . . . are past this board."1
The act passed was as follows :
" Whereas There hath been great Irregularities, committed in joining Persons in Marriage,2 without either their Banns be- ing published, as provided by a former Act, or a Licence from the Governor or Deputy Governor for the Time being ; for the preventing which abuses and irregularities for the future, Be it enacted by the Governor, Council and Deputies in General Assembly now met and assembled, and by the Authority of the same, that after Publication hereof, no Minister, Justice of the Peace, or other shall join any Persons in Marriage unless their Banns be published, or by a Licence from the Governor, or Deputy Governor for the time being, under the Penalty of Ten Pounds for each such Offence."3
It occasionally happened that a marriage license was ob- tained in vain. For example, in the case of that granted July 7, 1673, to Thomas Williams, " of Exmouth in the county of Devon, now of this Province," and Honnor Justice, "bornd " in Ireland. Opposite the record of this license is the marginal note : " This is null and not allowed of by the Deputy Gover-
1 N. J. Archives, XIII., 200, 201, 202.
2 This was the confession embodied in many of the early statutes of the Col- onies, showing how impossible it was found in practice to compel the people to conform strictly and always to any law which interfered with their natural rights in assuming this most important relation. The Virginia legislature even went so far (4th and 12th Acts of the Assembly) as to prohibit all marriages to be sol- emnized without "a lawful Minister " (that is, of the Church of England). and "imposing the punishment due for fornication on the parties and making their children illegitimate." But the Bishop of London was constrained to admit. in 1678. that there was "a great defect in the execution of those " laws, which he considered " wholesome."-N. Y. Col. Docs., III .. 253.
3 Leaming and Spicer, 332.
xciii
A MARRIAGE LICENSE IN 1695.
nor."! Another instance, due to the fickleness of human na- ture, was when a license was issued to Samuel Moore, of the town of Woodbridge, and Mary Higgins, widow of Richard Higgins, of New . Piscataway, September 6, 1673, a marginal entry informing us : " This is null one of the persons recant- ing the agreement."? The record is silent as to whether it was the anxious bridegroom or the coy widow who "recanted" even after the license had been obtained.3
A MARRIAGE LICENSE IN 1695.
The following is the oldest New Jersey marriage license known to be in existence :+
" THE GOVERNOUR AND PROPRIETORS of the Province of East New Jersey, To Any of his Majesties Justices of the peace In the sayd Province, to whose hands these presents shall come, GREETING Whereas Application hath beene made unto us In behalfe of Grasham Mote and Sarah Clayton both of Middletoun In the Countie of Munmouth to bee Joyned In Marriage, And WEE being certainelie Informed that the sayd Grasham Mote and Sarah Clayton are free and unmarried per- sones THESE are therefore to Authorize and Impower you to Joyne the sayd persones In the holy bond of Matrimonie In usuall forme, for which these presents shall bee your warrant GIVEN under the Seale of the sayd Province the twelth day of ffebruarie Anno Dom : 1696. AND. HAMILTON."
This document is written on white paper, both ink and paper excellently preserved. In the upper left hand cor-
1 E. J. Deeds. Liber No. 3. f. 92. It is possible that this license had been issued by James Carteret, President of the Province by appointment of the General Is- sembly, and who had usurped the powers of Gov. Philip Carteret during the lat- ter's absence. James Carteret sailed for Carolina the latter part of June or the first part of July If the license had been issued by him, that of itself would be sufficient reason for its revocation by John Berry, who had been commissioned Deputy Governor by Gov. Carteret when leaving for England a year before. with Secretary James Bollen. It is quite probable. however, that the license had been signed in blank by Gov. Carteret, and issued on the day it bears date by the act- ing Secretary of the Province, and that it was annulled for good cause coming to the knowledge of the Deputy Governor.
2 Ibid .. 149.
9 One Samuel Moore. of Woodbridge, married Sarah Higgins, Oct. 26. 1693.
4 Original in the writer's possession.
xciv
LORD CORNBURY'S INSTRUCTIONS.
ner is affixed the seal of East Jersey, still quite legible; it is protected from exposure by four paper flaps which fold over it, joining in the centre to form a perfect cover.
LORD CORNBURY'S INSTRUCTIONS.
The Proprietors of East Jersey and those of West Jersey having surrendered their rights of government to Queen Anne and her successors, on April 15, 1702, New Jersey thereupon became a united Royal Province, subject to the English crown. The Queen appointed her cousin, Edward Hyde, Viscount Cornbury, to the post of Governor of New Jersey, and gave him his Instructions, dated November 16, 1702, which con- tained these clauses :
" 75. And to the End the Ecclesiastical Jurisdiction of the Lord Bishop of London, may take Place in our said Province, so far as conveniently may be. we do think fit that you give all Countenance and Encouragement to the Exercise of the same, excepting only the collating to Benefices, granting Licenses for Marriage, and Probate of Wills, which we have reserved to you our Governor, and the Commander in Chief of said Province for the Time being.
" 76. And you are to take especial Care that a Table of Marriages established by the Cannons of the Church of Eng- land, be hung up in every Orthodox Church, and duly ob- served, and you are to endeavour to get a Law passed in the Assembly of our said Province, (if not already done) for the strict Observation of the said Table."1
THE LAWS OF ENGLAND IN FORCE.
As New Jersey was now under the government of Great Britain it became important to have it decided just how far the law in force in England was obligatory upon the inhabitants of this Province.
In 1720 Mr. West gave an opinion on the extension of the common law to the colonies, in which he said :
1 N. J. Archives. II .. 529: Leaming and Spicer. 639; Smith's Hist N. J .. 230. These Instructions were the same as those given to Gov. Thomas Dongan, of New York, in 1686; and to Col Henry Sloughter, Governor of New York, in 1690 .- N. 1. Col. Does .. III., 372. 6-8. In the case of the former, the Archbishop of Canter- bury was recognized as the ecclesiastical superior.
xCV
THE LAWS OF ENGLAND IN FORCE.
" The Common Law of England is the Common Law of the Plantations, and all statutes in affirmance of the Common Law passed in England antecedent to the settlement of the col- ony, are in force in that colony, unless there is some private Act to the contrary ; though no statutes made since those set- tlements are there in force unless the colonists are particularly mentioned. Let an Englishman go where he will, he carries as much of law and liberty with him, as the nature of things will bear."1
In 1729 the Attorney-General Yorke gave an important opinion upon the statute law in the following words :
" I am of opinion that such general statutes as have been made since the settlement of Maryland, and are not by express words located either to the plantations in general or to the Province in particular, are not in force there, unless they have been introduced and declared to be laws by some Acts of As- sembly of the Province, or have been received there by long uninterrupted usage or practice.""
In a report to the Lords of Trade, June 11, 1774, on the condition of the Province of New York, Governor William Tryon wrote :
" The Common Law of England is considered as the Fundamental Law of the Province, and it is the received Doc- trine that all the Statutes (not Local in their Nature, and which can be fitly applied to the circumstances of the Colony) enact- ed before the Province had a Legislature, are binding upon the Colony ; but that Statutes passed since do not affect the Col- ony, unless by being specially named, such appears to be the Intention of the British Legislature."3
1 Opinions of Eminent Lawyers concerning the Colonies and Commerce of Great Britain, collected by George Chalmers, London, 1814. I., 206.
2 Ibid., 208.
3 N. Y. Col. Does .. VIII .. 441. And see discussion on the validity of a Court of Chancery. in N. J. Archives, X .. 156. The doctrine enunciated in the text has pre- vailed ever since in England. Its application to the American Colonies was affirmed in the Lauderdale peerage case. in 1855, relating to a marriage per- formed in New York in 1722: " When English settlers go out to a colony and set- tle there they carry with them, so far as may be applicable to the purpose. all the immunities and privileges of the law of England as the law of England was at that time." See 10 App. Cases. 693. 746.
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