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August 2005

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Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Wed, 10 Aug 2005 13:49:43 -0500
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It appears that I was in error in suggesting that colonial VA courts had the
authority to grant divorces from bed and board (a mensa et thoro).  Sorry
'bout that.

The following would appear to adequately summarize the true state of the
matter in early VA.  So, unless we hear differently from Mr. Gill or another
of you who has familiarity with the matter, we should presume that the
courts did NOT have the power to recognize such divorces "from bed and
board."   Paul

"England, the source of legal tradition in the colonies, was essentially a
divorce-free society which didn't have a judicial process for divorce until
1857.  The colonies, especially in the south, adhered to that tradition.
Prior to the Revolution and for many years thereafter, the southern colonies
had no process for granting a divorce.  The only means of obtaining one was
to induce the legislature to pass a private bill granting a divorce,
something that rarely occurred.  A few petitions were submitted to
legislatures, but colonial assemblies limited their consideration to
"divorces from bed and board" (a mensa et thoro) which did not permit
remarriage.  The only other practical options available to an unhappy couple
were adultery or desertion.

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