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August 2005

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From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Thu, 11 Aug 2005 09:08:38 -0500
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Here are additional instances of pre-Revolutionary VA divorces a mensa et thoro. For me, the matter is concluded.

Ms. Katherine has demonstrated that there were such a mensa et thoro proceedings that were not so labeled.  Whether that was a device by judges to avoid the "no divorce" rule, or instead, represents that they simply seldom used that legal term probably can not now be determined, yet the effect was surely the same.  However labeled, the courts lent substantial aid to abused/neglected women.  

I am reminded of an Ohio court who in the 19th Century said, "Happily the law has devices to deal with cheats (abusers) of the newest invention." 
*****
On the subject of pre-Revolutionary War separations and divorces, I
would like to add two comments-

1. While cases like the 1655 example were rarely granted, I have seen
such examples elsewhere in Virginia.  More commonly found are petitions
to the courts by severely abused and desperate wives in fear of their
lives. While divorces were not granted, these courts often agreed to
grant their wishes for a permanent physical separation from their
husbands. These wives either found lodging with their relatives, worked
as servants for others, or worked in some lady-like employment to
support themselves. Only a few judges were insensitive enough to insist
that the wife return with court-appointed men to work on a
reconciliation and extract "promises" from the spouse to behave better. 

2. The following is anothere example of a couple who dissolved their
marriage in June 1766 as found in Prince William County Deed Book Q,
1763-1768, pp. 404-406.  The terms of the separation and handling of the
properties were clearly spelled out:

"...Whereas a Marriage hath been sometime past had and solemnized
Between said Henry Willson and Sarah Thorn, Widow of William Thorn
deceased, And Whereas Henry Willson in consideration of the said
Marriage and the sums of money which he hath had and received or is to
have and receive of the effects and Estate of his said Wife which she
had a right to or might claim as her Thirds Dower or Childs part of hr
first former Husbands Estate lands and effects or hath a Legal right or
had acquired between the death of her First Husband and Intermarriage
with said Henry Willson and for making a provision for his said Wife,
Sarah, for her maintenance and livelihood having by mutual consent
separated and parted from each other and from this time forward as much
as in them doth lye do mutually absolve and Desolve their marriage vows,
Conjugal dutys, contracts, obligations and Engagements as man and wife
having finally and forever Separated and parted looking upon neither as
any part of the others care, charge or Family..."

[Sarah also received back all the estate/effects she possessed before
her marriage to Henry Willson. She also relinquished any claims on Henry
Willson's estate/effects, even if she survived him.]


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