Not divorce--but an interesting role in marriage problems from Stafford Co: p.358 (original book) p103 Sparacio 19 May 1693 "Ordered that the sheriff of this County shall Summons RICHARD MASON to the next Court to answer the complaint of his wife and in the meantime she hath Liberty to worke for her living where she can within this County and that then she faile not to appear to make her complaint out against her husband aforesaid. Karen Dale ----- Original Message ----- From: Paul Drake<mailto:pauldrake@charter.net> To: VA-SOUTHSIDE-L@rootsweb.com<mailto:VA-SOUTHSIDE-L@rootsweb.com> Sent: Wednesday, August 10, 2005 12:49 PM Subject: [VA-SOUTHSIDE-L] divorce in Colonial VA 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. ==== VA-SOUTHSIDE Mailing List ==== USGenWeb Archives Digital Maps Project http://www.rootsweb.com/~usgenweb/maps/<http://www.rootsweb.com/~usgenweb/maps/> ============================== Search Family and Local Histories for stories about your family and the areas they lived. Over 85 million names added in the last 12 months. Learn more: http://www.ancestry.com/s13966/rd.ashx<http://www.ancestry.com/s13966/rd.ashx>

Interesting; very near a declaration by the court that she is a femme free trader. ----- Original Message ----- From: DAVID KAREN DALE To: VA-SOUTHSIDE-L@rootsweb.com Sent: Wednesday, August 10, 2005 4:34 PM Subject: Re: [VA-SOUTHSIDE-L] divorce in Colonial VA Not divorce--but an interesting role in marriage problems from Stafford Co: p.358 (original book) p103 Sparacio 19 May 1693 "Ordered that the sheriff of this County shall Summons RICHARD MASON to the next Court to answer the complaint of his wife and in the meantime she hath Liberty to worke for her living where she can within this County and that then she faile not to appear to make her complaint out against her husband aforesaid. Karen Dale ----- Original Message ----- From: Paul Drake<mailto:pauldrake@charter.net> To: VA-SOUTHSIDE-L@rootsweb.com<mailto:VA-SOUTHSIDE-L@rootsweb.com> Sent: Wednesday, August 10, 2005 12:49 PM Subject: [VA-SOUTHSIDE-L] divorce in Colonial VA 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. ==== VA-SOUTHSIDE Mailing List ==== USGenWeb Archives Digital Maps Project http://www.rootsweb.com/~usgenweb/maps/<http://www.rootsweb.com/~usgenweb/maps/> ============================== Search Family and Local Histories for stories about your family and the areas they lived. Over 85 million names added in the last 12 months. Learn more: http://www.ancestry.com/s13966/rd.ashx<http://www.ancestry.com/s13966/rd.ashx> ==== VA-SOUTHSIDE Mailing List ==== USGenWeb Archives Digital Maps Project http://www.rootsweb.com/~usgenweb/maps/ ============================== Search Family and Local Histories for stories about your family and the areas they lived. Over 85 million names added in the last 12 months. Learn more: http://www.ancestry.com/s13966/rd.ashx -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.338 / Virus Database: 267.10.5/67 - Release Date: 8/9/2005

Here's one way to get rid of a spouse I guess. It's from NC and after the Revolution, but quite curious. At least to me it is. http://www.mindspring.com/%7Ejsruss/carteret/wifesale.htm Joel