[1043] Rhode Island Col. Rec., I, 231 (Oct. 26, 1650); cf. Arnold, Hist. of R. I., I, 322.
[1044] R. I. Col. Rec., I, 312 (1655). "And if any persons in this Colonie," continues the order, "shall part themselves and marrie again without ye authoritie of ye Court of Commissioners, or be convicted of carnal copulation with any other [bigamy], they shall be punished as in case of adulterie."—Ibid., 312.
[1045] Ibid., 319.
[1046] Peter Talman got a divorce on his wife's confession of adultery: Arnold, Hist. of R. I., I, 320; and it "was ordered that Thomas Genings shall goe and demand his wife to live with him, but in case she refuse, he shall make his addresses to the General Court of Commissioners."—R. I. Col. Rec., I, 312. Ann Talman, the divorced wife of Peter, referred to, was later more than once whipped for her misconduct: ibid., II, 187,188.
[1047] Durfee, Gleanings from the Judicial Hist. of R. I., 35.
[1048] Carr, Cartwright, and Maverick.
[1049] Is this the same "John Hicks" who in New Netherland obtained a divorce in 1655? See sec. iii, below.
[1050] R. I. Col. Rec., II, 99 ff. At the same time, with astonishing inconsistency, it was enacted that similar offenders shall be amenable to the laws punishing fornication, which are made more stringent; but all present reputed marriages are declared valid and the children legitimate (104, 105). By this rule Horod and George should either have been regularly divorced or ordered to cohabit as husband and wife. In any event their punishment was unjust.
[1051] Ibid., 188, 189. In the same year Robert Colwell got a divorce from his wife Mary: ibid., 204.
[1052] Arnold, Hist. of R. I., I, 320. This case came before the assembly in 1665: R. I. Col. Rec., II, 119-21; cf. Durfee, Gleanings from the Judicial Hist. of R. I., 35.