Note 395 — Chapter XII · OBLIGATORY CIVIL MARRIAGE IN THE NEW ENGLAND COLONIES
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Hutchinson, Hist. of Mass., I, 318. At least twenty-two of these bonds are extant. One, dated Jan. 11, 1686-87, given "unto Edward Randolph, Esq., Secretary of his Majesty's Territory and Dominion," may be found among the "Usurpation Papers" in 3 Mass. Hist. Coll., VII, 170; and also in New Hamp. Provincial Papers, II, 18. The other twenty-one are in the Early Court Files of Suffolk, Nos. 29996-30016. Following is a copy of the first:
"Know all men by these presents that Wee John Harris of the Isle of Shoales ffisherman and Jabesh Negus of Boston Carpenter are houlden and firmely bound vnto his Excellency Sr Edmund Andros Knt Capt G[~r]all and Governour in Cheife vnder his most Sacred Maty James the Second King of England ec in and over the Territory & Dominion of New England ~ In two Hundred pounds Currant money of New England aforesaid to be paid to his said Excellency Sr Edmund Andros his Executors Adminrs or Assignes. To which payment well and truly to be made Wee bind ourfelves and each of vs and each of our heires Executors and Administrators Joyntly and feurally in the whole and for the whole firmely by these presents. Dated the 24th day of June Anno Dni 1587 Annoq R R Jacobii Secdi nunc Anglice ec Tertio.
"The Condicon of this Obligãcon is fuch That if hereafter there fhall not appeare any Lawfull Lett or Impediment by reason of any precontract Consanguinity Affinity or any other Lawfull meanes whatsoeur But that the above said John Harris and Mary Sparks of Ipswich Spinster may Lawfully solemnize Marriage togeather; And in the same afterwards Lawfully remaine and Continue Like man and wife~ according to the Lawes in that behalfe made and provided That then this Obligac[~c]on to be void or else to Remaine in full force & virtue.
+——+ "Signed Sealed and Deliured [Signed] John Harris |Seal| +——+ +——+ "In the p^{re}sence of vs. [ " ] Jabesh Negues |Seal| +——+ [Signed] "Jn Bonamy [ " ] Wm Marshall"
The earliest bond is dated June 24, 1687 (1587 in the MS.), and the latest Oct. 24, 1688. They are alike in all essential respects, differing very slightly from the above sample either in form or wording. They are all for £200; and all are executed in Boston, as shown by the names of the witnesses, although only six are "dated in Boston." Seventeen of them were witnessed by John Bonamy, and thirteen by Pe[ter] Heyman. These seemingly were men who made a business of witnessing in Boston; and all the other witnesses appear in connection with them. The bridegroom is always a bondsman. In one case, that of the fifteenth bond, dated March 5, 1687/8, the other signer is a woman, but not the bride. The other bondsman is never of the same name as the bride to be. The places of residence are Salem, Boston, Piscataqua, Nevis, and Plymouth; the counties of Bristol, Suffolk, and Plymouth; while in one case the man is from "Rhode Island."