Note 536 — Chapter XII · OBLIGATORY CIVIL MARRIAGE IN THE NEW ENGLAND COLONIES

MSS. Records of the Supreme Judicial Court (1781-82), leaf 41. Besides the cases of conviction discussed in the text, there are in the records a number of instances of acquittal for the same offense. In the MSS. Early Court Files of Suffolk (May 28-30, 1700), No. 4715, is an interesting example of extradition for adultery; and the survival of the ancient "chattel" interest of the husband in the wife is revealed by three damage suits for trespass on account of alleged assault upon, and in one for detaining, the wife: MSS. Records of the Superior Court of Judicature (1763-64), fol. 70; ibid. (1767-68), fol. 163; ibid. (1775-78), fol. 144; ibid. (1739-40), fol. 286. A similar case of "drawing away the affections" of a daughter may be found in MSS. Early Court Files of Suffolk (1671-72), No. 1100.