When we read the "Twelve Good Rules" of the infant colony, we are constrained to believe that some of them were framed with especial reference to women, and that they were dictated by some sad experiences. The twelve rules ran thus:
Truly a Draconian code in its paternalism; but we are inevitably forced to the conclusion that the framers thereof had in their minds' eye their helpmeets when they laid down rules 6 and 8, while they must have smiled at one another when they wrote rule 7.
One of the first regulations of the infant colony was in regard to marriage, and ever and anon we find the Solons of the settlement laying down new legislation for the better enforcement of the marriage tie as a thing to breed accord rather than discord in the colony. It would seem that there was considerable trouble in regulating the matrimonial desires of maidens under guardianship and maid-servants, since in 1638 there was published a regulation which deserves quotation in whole, both for its quaintness of phraseology and for the light which it throws upon female servitude in the colony, whether undergone because of ties of blood or of bondage resulting from apprenticeship:
"Whereas divers persons unfit for marriage, both in regard of their yeong yeares, as also in regard of their weake estate, some practiseing the inveagleing of men's daughters and maids under gardians, contrary to their parents and gardians likeing, and of mayde servants, without leave and likeing of their masters: It is therefore enacted by the Court that if any shall make any motion of marriage to any man's daughter or mayde servant, not having first obtained leave and consent of the parents or master so to doe, shall be punished either by fine or corporall punishment, or both, at the discretions of the bench, and according to the nature of the offence.
"It is also enacted, that if a motion of marriage be duly made to the master, and through any sinister end or covetous desire, he will not consent thereunto, then the cause to be made known unto the magistrates, and they to set down such order therein as upon examination of the case shall appear to be most equall on both sides."
While it would seem from the first part of this somewhat puzzlepated enactment that "yeong yeares" were considered as disabling one from "inveagleing" young ladies into the toils of matrimony, yet in cases where it was evident that the objection of the master of the maid servant was founded upon entirely personal grounds of his own gain there was recourse to a tribunal for the obtaining of justice. This portion of the law shows how careful were the old fathers of the country to encourage marriage wherever this could be done with no risk to the harmony of the settlement. We can also see how strict were the ideas of female servitude. Not only had the parent or guardian absolute power over the hand of the daughter or ward, but the master of an indentured servant could at least obstruct her matrimonial designs. In all these cases there was the same basal idea--the loss of service. The interest of the father in his daughter, of the guardian in his ward, and of the master in his maid servant were supposed to be identical and to be founded on actual loss sustained through the transference of right of service from them to an alien in the family. In this "fiction of the law" one can see the persistence of an idea as old as the status of woman as a mere chattel, and it is curious to note that in some phases it survives even unto the present day.