[Footnote 537: These convictions are usually not for "adultery," but for being in bed together, according to a clause of the act of 1694 providing that when a man is found in bed with another person's wife each offender shall receive not more than thirty stripes, unless one was surprised and not consenting. For examples, some of them acquittals and some convictions, see _MSS. Records of the Superior Court of Judicature_, I (Oct. 30, 1694), fol. 129; _ibid._, III (May 7, 1700), foll. 10, 11; _ibid._, 1736-38 (Aug. 8, 1738), fol. 209; _ibid._, 1757-59 (Aug. 1, 1758), 391; _ibid._, 1757-59 (Feb. 21, 1759), 554; _ibid._, 1760-62 (Sept. 16, 1760), foll. 122, 123; _ibid._, 1763-64 (Jan. 25, 1763), fol. 11; _ibid._, 1763-64 (April 26, 1763), fol. 44; _ibid._, 1767-68 (April 12, 1765), fol. 164; _MSS. Records of Gen. Sessions of Suffolk_ (April 2, 1717), II, 151. For the earlier period the Athenæum copy of the _MSS. Records of the County Court of Suffolk_, 34 (March 17, 1671-72), 113 (Jan. 28, 1672-73), 585 (May 5, 1679), 633 (Jan. 27, 1679-80), contains four analogous cases; and there is one in _MSS. Records of the County Court of Middlesex_ (April 1, 1684), IV, 97.] [Footnote 538: Thus at a superior court held at Falmouth for Cumberland and Lincoln counties, June 28, 1763, the "jurors present John Lawrence, husbandman, and Mary Lawton, _both married_, for adulterously dwelling together for five years, frequently lodging together in the same bed knowing each other to be married, being found adulterously in bed together and not surprised but consenting, and having carnal knowledge together. John was arraigned, pleaded not guilty, and the jury returned a verdict of guilty except to the charge of having committed adultery. 30 stripes and recognition in £100 to keep the peace." [Mary not tried.]--_MSS. Records of the Superior Court of Judicature_ (1763-64), fol. 90. So also before a superior court held at Worcester, April 20, 1773, Joshua Phillips, laborer, presented by the jury for "committing _adultery_" with Mary, wife of Edward Rice, was acquitted. Then the jurors present them both "for being found at divers times in bed together.... They pleaded not guilty. Convicted. Joshua fined £20 and costs. Mary 20 stripes and costs."--_Ibid._ (1773-74), foll. 36, 38.]