criminal.  This was precisely the fact; the records show that in 1652 Mrs. Dorothy Pester presented to the General Court her petition for leave to marry again, giving as her reason the fact that her husband had sailed for England some ten years before, and had not been heard from since.  The court decreed that liberty be granted her to marry, “when God in his providence shall afford her the opportunity.”  In 1667 the same court refused to grant a like petition, for the reason that they were not satisfied by the evidence that the husband had not been heard from for three years.

One year prior to this appears the first record of a divorce in the Plymouth colony, which, taken in connection with the two cases just referred to, throws a bright light on the unwritten laws then regulating this matter.  Elizabeth, wife of John Williams, appeared with a petition asking for a divorce, and complaining of her husband because of his great abuse of, and “unaturall carryages towards her, in that by word and deed he had defamed her character and had refused to perform his duty towards her according to what the laws of God and man requireth.”  Her husband appeared and demanded trial of the issue by jury, who found the complaint to be just and true.  Thereupon the deputies “proseeded to pase centance” against him as follows:  “that it is not safe or convenient for her to live with him and we doe give her liberty att present to depart from him unto her friends untill the court shall otherwise order or he shall behave himself in such a way that she may be better satisfyed to returne to him againe.”  He must also “apparell her suitably at present and provide her with a bed and bedding and allow her ten pounds yearly to maintaine her while she shall bee thus absent from him,” and to ensure the faithful performance of the decree of the court he must “put in cecurities” or one third of his estate must be secured to her comfort.  As he has also defamed his wife and otherwise abused her, it is further decreed that he must stand in the market place near the post, with an inscription in large letters over his head which shall declare to all the world his unworthy behavior towards his wife.  And as though the poor man was not yet sufficiently punished they go on to say that “Inasmuch as these his wicked carriages have been contrary to the lawes of God and man, and very disturbing and expensive to this government, we doe amerce him to pay a fine of twenty pounds to the use of the Colonie.”  One is inclined to think upon reading this rather severe “centance” that if the law of our day was somewhat similar the divorce docket would not be so long as at present.

I have cited this case at considerable length for the reason that it shows that the divorces then granted, even in aggravated cases, were from bed and board, and that the right of the wife to a certain portion of the property of her husband was recognized and enforced.  The other cases show that cruel and abusive treatment and absence unexplained for the term of three years were then as now considered good grounds on which to seek separation.