A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
More numerous are the cases of "living apart." For example in 1637
the general court decreed that Isaac Davies should be sent home to
his wife in England.[478] Three years later "Willi Wake" in like
manner was advised to seek his consort.[479] Edward Iron in 1651
"upon promise to take some effectual course to send for his wife now
in England" was "granted liberty to abide in the country until the
next return of ships." Should his attempt fail, then he was "ordered
to depart out of this jurisdiction by the next opportunity."[480]
For similar absence from his spouse James Underwood in 1654 was
fined at Salem.[481] In 1663 for the same offense Christopher Blake
was presented by the grand jury of Suffolk, although in his petition
he avers that for three years he had "been desirous of getting
his wife across but she refused to come;" and that he had never
"presented himself as a single man, but always openly manifested
the true state of his condition." Accordingly the general court
ordered the prosecution "stayed for a year."[482] In 1671 Paul Hall,
presented in the same county, "appeared and declared he was informed
his wife was dead." The court, being skeptical, commanded him to
"repair to the last place of her abode or bring in a certificate
of her death."[483] Delinquent wives were looked after with equal
vigilance. In 1668 the constable of Boston is ordered to summon
"before the county court two women and one man for living apart
from their spouses contrary to law."[484] A presentment of Sarah
Pickering failed in 1674 because she produced evidence that her
husband had renounced her.[485] Even when both partners were in the
jurisdiction the law was not less harshly administered. On June
17, 1672, for "disorderly living apart," Michael Smith and wife,
"inhabitants of Charlestoun" were "admonished and ordered to pay
costs."[486] The case of "Abr. Hagborne" in 1663 is more remarkable.
Although he had come to the colony twenty-two years before; had
lived contentedly with his wife for fourteen or fifteen years until
she "did depart" for England; had sent for her to return home and
provided for her transportation, "whereby the innocence of Living
Apart is on your peticoners part;" and "had no idea the law against
living apart would apply to the known settled inhabitants, brethren
and freemen whose wives unnaturally desert them;" yet the county
court "was pleased to require him to depart the Countrie & to
repayre vnto his wife." So he "humbly petitions" the general court
that he may not be compelled to return to England and that he may
"not be put vpon [religious] temptacoñs or aboue his strength or
any kind of iniun[~cc]on [injunction] of going to Serue other Gods;"
but may be "allowed to continue his Abode here ... vnder the Shadow
of that happie Gouernment in Co[=m]onwealth and Churches ... those
few days of his pilgrimage that remayne." A gracious answer, it
is perhaps needless to add, was the meet reward of so just and so
skilful a prayer.[487]
Public-domain text, read in full here on John Shaqi.
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