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.ÿþ62.BCP, 2:803.63.Virginia legislative provision for marriage by license or banns was established as early as 1632.Laws, 1:156.For further statutory provisions, see Hening 2:28, 54 55, 281; 3:441 46; 4:81 85.64.BCP, 2:801.65.Hening 2:49 50.The 1662 statute imposed a fine of 10,000 lbs.of tobacco on ministers whomarried persons contrary to the provisions of the law.Punishment was stiffened in a 1696 law toone-year imprisonment without bail and a fine of £500.Ibid., 3:150.See also ibid., 3:442; 6:81 82.66.Ibid., 5:81 85; Ralph Emmett Fall, ed., The Diary of Robert Rose: A View of Virginia by a Scottish Colo-nial Parson, 1746 1751 (Verona, Va., 1977), 186 87.Disputes over fees occasionally made their way intothe courts early in the century.George Dewy, filing a petition in Accomack County court againstRobert Hutchinson, the reader of his parish church, claimed that Hutchinson compelled him topay 1 good piece of eight to publish his banns of matrimony.Dewy wanted his money returned.The case was dropped when Dewy failed to pursue it.Accomack County Court Order Book1703 9,8 August 1705, 51; 7 December 1705, 59.Noteworthy is the absence of cases arising over fees there-after; regulation of uniform and reasonable fees would appear to have prevailed over arbitrary localimpositions.67.Gibson CJE, 1:507, 511 12, 515.68.The complications that arose from laws banning marriages of whites and blacks are reflectedin a petition considered by Virginia s Executive Council in1705.John Bunch and Sarah Slayden askedthe council to order the parson of Blisland Parish to publish their banns.The minister had refusedbecause Bunch was a mulatto.The council turned to the attorney general for advice. I am of opin-ion & do conceive that the said Act being Penal is Coercive or restrictive no further than the veryletter thereof, he replied, and being wholly unacquainted with the Appellation given to the issueof such mixtures, cannot resolve whether the issue begotten on a white woman by a Mulatto mancan properly be called a Mulatto, that name as I conceive being only appropriated to the Child ofa Negro man begotten upon a white woman, or by a white man upon a negro woman, and as I amtold the issue of a Mulatto by or upon a white Person has another name viz.that of, Mustee, whichif so, I conceive it wholly out of the Letter (though it may be conjectured to be within the intent)of the said act. EJC, 3:16 August 1705, 28; 4 September 1705, 31.Secret marriages of servants werealso a concern from early on.A 1662 law imposed heavy fines (10,000 lbs.) on ministers for publish-ing banns or marrying servants without the written consent of their masters.For the servants thepenalty was an added year of service.Hening, 2:114.69.The early presence of significant dissenter elements in South Carolina prevented an Anglicanmonopoly.Charles Bolton, Southern Anglicanism: The Church of England in Colonial South Carolina, Contri-butions to the Study of Religion, No.5 (Westport, Conn., 1982), 40.70. Journal of Colonel James Gordon., WMQ 1st ser., 12 (1902): 104 5.71.Gibson CJE, 1:511 12; Hart, Clergy and Society, 57.Colonel Gordon s journal records an eveningwedding, but it is not clear that it was intended for that hour: Mr.Currie got to our house on hisway to Mr.Chichester s to marry Mr.Criswell & Molly Garlington.Dr.Watson I had sent for todraw a tooth of my wife, who has been distracted with it.He got it out with great difficulty.We allset off, except my wife, to Mr.Chichester s, & about 8 o clock the above pair were joined together. Entry for 10 June 1763, Journal of Colonel James Gordon, WMQ 1st ser., 12 (1903): 6.The weddingtook place at the home of Colonel Gordon s son-in-law and not in a parish church, and the officiantwas the Anglican parson, David Currie, not a Presbyterian minister.72.Gibson CJE, 1:511 12.Unlike the canonical prescription, the Prayer Book rubric does notspecify that the ceremony occur at the time of Divine Service.BCP, 2:801.73.Christ Church Parish (Middlesex) Register.See also Julia Cherry Spruill, Women s Life and Work in theSouthern Colonies (Chapel Hill, N.C., 1938), 86 87, 136 62.74.In St.James Northam, between 1756 and 1775, only 14 percent of weddings occurred on Sun-days.Monthly distribution was as follows: January (76); February (59); March (62); April (51); May(60), June (43); July (38); August (48); September (55); October (73); November (68); and December(119).Jones, Douglas Register; David Hackett Fischer, Albion s Seed: Four British Folkways in America (New.426 notes to pages 222 24
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