[987] Apr. 26, 1725: ibid., III, 330. For a similar case, see ibid., 311.
In the MSS. Records of Superior Court of Judicature, 1725-30, fol. 284, may be found the following entry: At a court held for Barnstable and Duke's Cos., Apr. 21, 1730, "Hannah Marshall, wife of the Rev. Josiah Marshall, complained that she has lived with him for a considerable time past in daily fear of her life, threats of being brained, etc. Josiah appeared and made answer. Hannah admitted to her oath ... Court directed and advised her to keep at her father's house until further order from the Court or from the General Sessions. Josiah to find surety for his good behavior." This is the only case in these records between 1725 and 1780.
[988] Beginning with No. 37, 1776, the record in each suit consists of (1) the charge; (2) the specifications; and (3) the decree. The cause or causes assigned in the charge are usually identical with those named in the decree; but the specifications often contain more points than does the charge. Before 1776 the record has two parts, there being but one instance (No. 22, 1770) of a charge before that date.
[989] Defendant contumacious: does not appear to defend, though repeatedly summoned.
[990] However, in Nos. 34 (1773) and 36 (1774), Table III, adultery of the husband is the only reason for the divorce mentioned in the decree, but other grounds are specified in the petition. Perhaps these may be regarded as the earliest cases of divorce for "male adultery" during the eighteenth century.
[991] See Table III, Nos. 18, 32, 33, 36, 58.
[992] Table III, No. 21. This is the only case where custody of a child is asked for. In all other cases where children are mentioned they are already in the hands of the plaintiff; and in no instance are children referred to in the decree. Separation from bed and board is usually granted for cruelty (see Table III, Nos. 5a, 24, 18, 55, 65, 83a, 84); but a full divorce is never granted for this cause alone.
[993] Table III, Nos. 83, 83a. With this case may be compared that of Sarah v. William Vernon (Nos. 87, 87a, 87b). On October 16, 1784, the wife asked for such relief as the "laws of the land" provide, charging her husband with adultery and cruelty. The court found the evidence insufficient for either kind of divorce; but on July 21, 1785, the marriage was dissolved on the ground of adultery alone. Singularly enough, her petition for alimony six days later was denied.
[994] Table III, No. 29. Cf. Nos. 32 and 50, where marriage is dissolved for desertion accompanied by adultery (or remarriage).
[995] On April 22, 1760, for this offense "William Arbuthnot, Esq.," secured a divorce from his wife. In his petition he explains "that the reason of his application to this Court, before ... Eleanor hath been legally convicted of adultery by the course of Common Law, is, because the said Eleanor before she could be prosecuted" absconded ... and still continues out of the jurisdiction of the Common Law Courts of this Province": see Table III, No. 1. In Nos. 17, 20, 41, 56, and 57 the decree is based in part on proceedings in other courts; while in Nos. 78 and 80 such proceedings are pleaded.