[Footnote 730: HENING, _op. cit._, IV, 245 (1730). Marriage with a deceased wife's sister is forbidden: _ibid._, XII, 689 (1788).]
[Footnote 732: _Ibid._, 438. By this act either the man or the woman suffers a penalty of one year's extra service.]
[Footnote 733: _Ibid._, II, 114. The penalty for a freeman was made 1,000 pounds of tobacco in 1705: _ibid._, III, 444.]
The matrimonial history of Virginia begins with the nuptials of Ann Burras and John Laydon, celebrated in 1608.[735] A few years later, in Dale's code, appear the first marital regulations, though to what extent they were ever carried out must remain uncertain. Every minister is required to "keepe a faithful and true Record, or Church Booke, of all Christnings, Marriages, and deaths of such our people, as shall happen within their Fort, or Fortresse, Townes or Towne at any time, vpon the burthen of a neglectfull conscience, and vpon paine of losing their Entertainment."[736]
[Footnote 735: On this marriage see WINSOR, _Nar. and Crit. Hist._, III, 132; HOLMES, _Annals_, I, 162; CAMPBELL, _Hist. of Va._, 65.]
[Footnote 736: WILLIAM STRACHEY, _For the Colony in Virginea Britannea, Lawes Diuine, Morall, and Martiall_, 11: in FORCE, _Tracts_, III.]
The statutes of the Dominion are silent as to the celebration of pre-contract or espousals; and the penalties prescribed for adultery and fornication are in marked contrast with those of early New England. Persons were presented for these offenses by the church wardens at the annual visitations;[737] and the culprits were punished by fines or whipping.[738] Nor do the laws concern themselves with the regulation of courtship and "sinful dalliance" in New England style; although a proclamation of Governor Wyatt shows that his excellency was willing to supply the law's defect in this regard. He announces that "every minister should give notice in his church that what man _or woman_ soever should use any word or speech tending to a contract of marriage to two several persons at one time," such "as might entangle or _breed scruples_ in _their consciences_, should for such their offense, either undergo _corporal correction_, or be punished by fine or otherwise, according to _the quality of the person so offending_."[739]