The first legislation in our state bearing directly on our subject appears to have been in 1692, when it it was provided that all controversies concerning marriage and divorce should be heard and determined by the Governor and Council, thus changing simply the tribunal without affecting the existing laws.  Curiously enough, although the tribunal which should determine the controversies was thus fixed, there was no provision made for enforcing its decrees, and it was thus left practically powerless for sixty-two years, or until 1754, when this defect in the law was remedied by a provision that refusal or neglect to obey the decrees of the Governor and Council might be punished like contempt of courts of law and equity by imprisonment.

In 1693 were passed the first statutes regulating the subject of marriage in the colony, the preamble to which was as follows:  “Although this court doth not take in hand to determine what is the whole bredth of the divine commandment respecting marriage, yet, for preventing the abominable dishonesty and confusion which might otherwise happen,” certain marriages are declared to be unlawful and the issue thereof illegitimate, and severe and degrading punishments are provided for all offenders, even although innocent of any wrong intent.

As the population of the colony increased and spread over the country at a distance from Boston, the fact that the only court having jurisdiction of matters of divorce and marriage was held only in that town was the cause of ever-increasing inconvenience, and accordingly it was enacted in 1786 that “whereas, it is a great expense to the people of this state to be obliged to attend at Boston upon all questions of divorce, when the same might be done within the counties where the parties live, and where the truth might be better discovered by having the parties in court,” jurisdiction in all matters of divorce should be vested in the Supreme Judicial Court, where it has ever since remained in spite of efforts made at various times to give to other courts concurrent or even exclusive jurisdiction.  As the Supreme Judicial Court is now overworked, and as it is not deemed advisable, for various reasons, to increase its numbers, it is more than probable, in view of the increase in the number of libels annually filed, that some modification of our laws will soon be made which shall give the entire jurisdiction of this matter either to the Superior Court or to the Judges of Probate in the several counties.  Governor Robinson called the attention of the Legislature to the importance of some change in this direction in his last message, and urged speedy action.

The act of 1786, above alluded to, fixed the causes of divorce at two—­adultery or impotency of either of the parties, but allowed a divorce from bed and board for extreme cruelty.  To this was added in 1810 the further cause of desertion, or refusal to furnish proper support to the wife.  To the two causes above named the Legislature of 1836 added a third, namely, the imprisonment of either party for the term of seven years or more at hard labor.