n, 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 recognize