A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
The framers of the Pennsylvania statute of 1785 saw fit to indulge
in an apologetic preamble. "Whereas," we are assured, "it is the
design of marriage, and the wish of the parties entering into
that state, that it should continue during their joint lives, yet
where the one party is under natural or legal incapacities of
faithfully discharging the matrimonial vow, or is guilty of acts
and deeds inconsistent with the nature thereof, the laws of every
well-regulated society ought to give relief to the innocent and
injured person;" therefore it is enacted that the justices of the
supreme court may grant divorce, "not only from bed and board, but
also from matrimony,"(1) when either person at the time of the
contract was and still is physically incompetent; (2) has knowingly
entered into a bigamous marriage; (3) has committed adultery; or
(4) has been guilty of "wilful and malicious desertion, without
a reasonable cause," for the space of four years. The court is
empowered to grant a divorce from bed and board, but not from the
bond of wedlock, "if any husband shall, maliciously, either (1)
abandon his family, or (2) turn his wife out of doors, or (3) by
cruel and barbarous treatment endanger her life, or (4) offer such
indignities to her person, as to render her condition intolerable,
or life burdensome, and thereby force her to withdraw from his house
and family." In these cases the wife is allowed "such alimony as her
husband's circumstances will admit of so as the same do not exceed
the third part of the annual profits or income of his estate, or of
his occupation or labour," or the court may decree "but one of them"
as justice may require. She shall continue to enjoy this alimony
"until a reconciliation shall take place, or until the husband shall
by his petition or libel, offer to receive or cohabit with her
again, and to use her as a good husband ought to do." Then the court
is authorized either to suspend the decree; or, if the wife refuse
"to return and cohabit under the protection of the court," it may
discharge and annul the same. But if he fail to make good his offers
and engagement, the "former sentence and decree may be revived and
enforced;" and the arrears of alimony may be ordered paid.[390]
[390] Act of Sept. 19, 1785: _Laws of the Com. of Pa._ (1803),
III, 102-6. Repealed March 13, 1815: _Laws of Gen. Assem._
(1822), VI, 286; PURDON, _Digest_ (1818), 130.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account