Note 549 — NEW ENGLISH CANAAN OR NEW CANAAN. (continued 3)

“May 12. [1621] was the first marriage in this place, which, according to the laudable custome of the Low-Countries, in which they had lived, was thought most requisite to be performed by the magistrate, as being a civill thing, upon which many questions aboute inheritances doe depende, with other things most proper to their cognizans, and most consonante to the scripturs. Ruth 4. and no wher found in the gospell to be layed on the ministers as a part of their office.” (Bradford, p. 101.) The marriage here referred to was that of Edward Winslow to Mrs. Susannah White. It took place in May, Winslow’s wife having died seven weeks before, and Mrs. White’s husband, William, twelve weeks before. That he had married people was, it will be remembered, the other of the two charges advanced against Winslow himself, at the Privy Council hearing just referred to. (Supra, 322, note 2.) The practice of civil marriage already prevailed in the Massachusetts colony also, as, a week before the arrest of Morton was ordered, Governor Endicott, on August 18, 1630, was married, at Charlestown apparently, “by the governour and Mr. Wilson.” (Winthrop, vol. i. p. *30. See also Plaine Dealing, pp. 86-7.) There are few more edifying examples of the casuistical skill of Winthrop and his associates than is afforded by his method of dealing with the question of civil marriages, as explained in detail in his Journal (vol. i. p. *323). “In our church discipline, and in matters of marriage, to make a law that marriages should not be solemnized by ministers is repugnant to the laws of England; but to bring it to a custom by practice for the magistrates to perform it, is no law made repugnant, etc.” The charter of 1629 empowered the General Court of the colony “to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordinances, Directions, and Instructions, not contrary to the Lawes of theis our Realme of England.” (Hazard, vol. i. p. 252.)