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DIVINA- several arrows the names of the cities they intended no less general than that in artificial, and is, most DIVINA TION. to assault, and then, putting them all together pro- probably, referable to the same traditional origin. It
miscuously in a quiver, they drew them out thence as is from this branch of the subject that the term uavtika), lots are drawn ; and that city whose name was writ- whereby the Greeks expressed Divination in general, ten on the arrow first drawn, was the city they first is derived ; a paivw, furo. (Plat. in Phædro.) The made war upon.”
persons affected with visions or oracular intelligence From the East the visionary science of Divination became suddenly distracted, and uttered the dictates passed into Europe. The imaginative character of the of the inspiring power in obscure and incoherent Greeks easily procured it their welcome and respect, language. The period of approaching death, in partiparticularly in the Province of Elis, where it was cular, was regarded as especially favourable to these most especially cultivated in the families of the Iami- prophetical ecstasies; and this opinion has been advodæ and the Clytidæ. But the Greeks were inquisitive cated by many persons of cultivated abilities. Nothing, as well as enthusiastic, and their Statesmen and certainly, in favour of it is to be concluded from the Generals who countenanced Divination for its sup- circumstance of Jacob's prediction on his deathbed posed political advancements, were ready to dispute concerning the fortunes of his posterity, or from its pretensions whenever these advantages appeared Isaac's declaration under the same circumstances; opposed to it. It seems, however, to have been more Sacred Writ, if thus distorted, might be made to fortunate with the Philosophers ; a circumstance prove the present ordinary influence of a prophetical only explicable by the supposed connection of this spirit. These early events, however, may not have doctrine with that of the existence of the Gods, a been without effect on the heathen nations, among point which few were willing to surrender. It was, whom this belief has extensively prevailed. Even however, consistently opposed by Epicurus, and openly at the approach of violent death, the spirit of prophecy attacked by Anaxagoras, Xenophanes of Colophon, was supposed to be active, and thus Patroclus beneath and Democritus.
the spear of Hector foretels the ruin of his foe, which No nation ever attained a greater celebrity in the Hector himself, afterward, retorts on Achilles. The arts of Divination than Etruria. But although their existence of natural Divination is still matter of imdiscipline was manifestly derived from the East, they plicit faith in the Highlands of Scotland, and in parts pretended to style themselves the authors of the of Wales ; in the former country it is called Second science, or, at least, its first recipients from the Gods. Sight, and Dr. Johnson, in his Tour to the Hebrides, The means by which they obtained so perfect an ac- although he admits that it is incapable of proof, can quaintance with this mysterious branch of knowledge scarcely be said to suspend his assent to it. were altogether worthy of the subject. An Etrurian Natural Divination, among the Jews, was no less ploughman, happening to drive his share somewhat strictly interdicted than artificial. The communicadeeper than usual, was surprised by the sudden ap- tions, indeed, with which it pleased God to favour pearance of a boy from beneath the ground. The individuals of that nation, were, in strictness of speech, worthy rustic alarmed the neighbours, and, in con
natural Divination : yet were there among them presequence, all Etruria resorted to the spot and learned tenders to the prophetical character, like those at the from the lips of the subterraneous stranger, who was Court of Ahab, the futility of whose authority was no other than a God, named Tages, the doctrines of soon demonstrated by the event. But those who were Divination, which were carefully committed to writing. principally forbidden were the niaix, dyjaotpipvooi, as The absurdity of this story is ridiculed by Cicero, who the word is rendered by the LXX, persons who blames himself for undertaking the refutation of any pretended to give uracular answers from a spirit thing so manifestly preposterous. (De Div. ii. 23.) within them. “ The woman who had a spirit of Whatever credit it might receive from the Romans in Python,” mentioned in the Acts, was one of these. So general, the system of which this ridiculous legend also was the Witch of Endor. was the professed origin and basis was diligently It is observable that although Divination is a science cultivated at Rome, where Diviners from Etruria which has been cultivated in all ages by every nation, were in the highest estimation, and whence youths of and after every conceivable manner, we have no authe first families were sent to the Etrurian nations to thenticated accounts of the reality of its operations, imbibe the rudiments of their discipline.
and many demonstrations of its failures. The restless It is not improbable that the Etrurians, in order to propensity to inquiry which possesses the human establish this presumption of originality, purposely mind, has hitherto been unable to establish any philoaltered and invented many of the ceremonies for sophical scheme for the discovery of those facts which which they were indebted to the Lydians, or other are the province of the Diviner's speculations; and nations. Their method of taking the auspices was his art is, therefore, most justly classed among those directly contrary to that of the Greeks, and their which are exploded. auguries had frequently opposite interpretations to Peucer, de præcipuis Divinationum generibus ; Boisthose received among the nations of Celtic origin; saret, de Divinatione et magicis Præstigiis, &c.; Bulenger, from which circumstances Cicero takes occasion to Opusculorum Systema, vol. i. ; Combachius, Disquisitiones confute the whole theory of augury. (De Div. ii. passim.) duo, de Caseo et de Divinationibus. The superstitions in use amongst ourselves, and those Among the Arabs the science of Prognostication nations with which we are best acquainted, are of a (Ilmi firáset) or art of discovering secret objects by the mixed nature, partaking of the practices of their and interpretation of mysterious indications, known only our Scythian, Celtic, and Teutonic ancestors, and of to adepts, is subdivided into twelve branches : 1. Phythose introduced by the universal influence of Rome, siognomy, (firásah ;) 2. Phantasmognomy, (khaïlatthe great conservatrix of Etrurian mysteries.
wa-shamut; 3. Chiromancy, (ásárír ;) 4. Onomancy, The belief in natural Divination, as it is termed, is (aktáf ;) 5. Ichnomancy, (iyáfan ;) 6. Sehematomancy,
DIVINA- (kiyáfah ;) 7. the art of discovering the road in a the Arabian romances.
The last subdivision is pro
DIVINATION. desert, (ihtida bi 'l berárá wa'l acfár ;) 8. of finding perly a part of medicine, for it is the art of fortelling
TION. DIVORCE, springs, (riyáfah;) 9. minerals ; 10. the prognostica- from convulsive twitchings of the limbs diseases by DIVORCE.
tion of storms, (nuzúli ghuïth ;) 11. Hydromancy, which a man is about to be attacked.
Another mode of predicting future events is called
Pococke's Specimen Historiæ Arabum ;
et quasi Divinent.
DIVORCE, v. Fr. divorcer ; It. divorzare; Low to part, to separate, to sunder ; particularly applied to
same law yeueth libell of departicion bicause of diuorce, both
Chaucer. The Testament of Loue, fol. 309.
and on this point the Conumentators) ,ערות דבר renders
DIVORCE. For whan they by such dyuorcementes attempte to driue the and married her, and it come to pass that she finds no DIVORCE. againe to the nūnery, they make theyr poor husbandes, advow
favour in his eyes, because he has found some uncleanterers in dede, in takynge other women, their owne wyues beynge
ness in her, then let him write her a Bill of Divorcealyue.
Bale. Apology, p. 84.
ment, and give it into her hand, and send her out of
his house. And when she is departed out of his house
she may go to be another man's wife ; and if the
latter husband hate her and write her a bill of DivorceDaniel History of the Civil Wars, book i. ment, and giveth it into her hand, and sendeth her So that instead of firding Prelaty an impeacher of schism or out of his house, or if the latter husband die which faction, the more I search the inore I grow into the persuasion to took her to be his wife, her former husband which sent think rather that faction and she, as with a spousal ring, are her away inay not take her again to be his wife, after wedded together, never to be divorc'd.
that she is defiled, for that is abomination before the Milton. Works, vol. i. fol. 51. The Reason of Church Government.
Lord.” Whatever the uncleanness as the text, or the
matter of nakedness as the margin of our translation
are divided,) it is plain that it did not amount to adulState Trials. Case of the Countess of Esser.
tery, for this was punishable by death. (Deut. xxii, Patroclus (so enforc't
22.) The school of Shammeh, which flourished When he had forc't so much brave life) was from his own divorc't. shortly before our Saviour, confined the uncleanness to And thus the great divorcer brav’d.
some act of infamy. Hillel (a disciple of Shammeh) Chapman. Homer. Iliad, book xvii. fol. 234.
and his followers taught that much lighter causes In the ordinary bills of the Jewish divorce, the repudiated wife justified Divorce: namely, if the husband liked another bad full scope given her of a second choice ; as the words ran; she was to be free, and have power over her own soul; to go
woman better; if the wife did not dress his meat well, away: and to be married to any man whom she would: they &c. It is plain, both from Josephus and Philo, that were not more liberal than our Romislı livorcers are niggardly. the last of these Rabbis held the interpretation upon Hall. Works, vol. iii. fol. 849. Cases of Conscience. Decad. 4.
which the practice of the Jews was most generally case 3.
founded. (Calmet, ad v.) The form of the Bill of DiIf therefore the mind cannot have that due society by marriage,
vorcement, nona D, is given by Godwyn, (Moses that it may reasonably and humanly desire, it can be no human society, and so not without reason divorcible : here be falsifies.
and Aaron,) vi. 4, on the authority of Moses Kotsensis, Milton. Works, vol. i. fol. 307. Doctrine, 8c. of Divorce.
(fol. 133,) and Moses Egyptius, (ii. fol. 59,) and runs This therefore may be enough to inform us, that divorcive adul
as below: tery is not limited by our Saviour to the utmost act, and that to be attested always by eye-witness, but may be extended also to
“Upon such a day of the week, such, &c. of the divers obvious actions, which either plainly lead to adultery, or
moneth N, such or such a year of the Creation of the give such presumption whereby sensible men may suspect the World, according to the computation which we use deed to be already done.
Id. 16. fol. 205.
here in this city N, situate near the River N, that I of Thus our Eighth Henry's marriage they defame;
the country N, the son of the Rabbi N, of the counThey say the schism of beds began the game,
try N, but now I dwelling in such and such a place, Divorcing from the Church to wed the dame.
near such and such a river, have desired of my own Dryden. The Hind and the Panther.
free will, without any coaction, and have divorced, They urged the permission of Moses, who had allowed them to
dismissed, and cast out thee, thee I
wife put away their wives, if they gave them a writing of divorcement,
Sharp. Works. Sermon 12. vol. iv. N, of the country of N, the daughter of Rabbi N, Who would have imagined that the desire which Henry VIII. dwelling in such or such a country, and dwelling now had to be divorced from his wife, would have brought about the
in such or such a place, situate near such and such a Reforination in England ?
river, which hast been iny wife heretofore ;
that thou mayst be free, and have the rule to thyself, forcibly and eloquently upon the enormous increase of the vice of and to depart and to marry
other man, whom
ful for any man, and this shall be to thee from me, Horsley. Speeches in Parliament, p. 259.
a bill of separation, a bill of Divorce, and a letter of
dismission, according to the law of Moses and Israel. The more ancient laws of Rome, which prohibited divorces, are extremely praised by Dionysius Halycarnassæus. Wonderful was
N, the son of N, Witness. the harmony, says the Historian, which this inseparable union of
N, the son of N, Witness." interests produced between married persons ; while each of them The ten following particulars were considered considered the inevitable necessity by which they were linked requisite for the foundation of a Divorce, according together, and abandoned all prospect of any other choice or establishment.
to the same authorities : “1, that a man put not his Hume, Essay 19, vol. i. Of Polygamy and Divorces.
wife away but of his own will ; 2. that he put her Among the Romans, more than four ages elapsed, from the away by writing, not by any other thing ; 3. that foundation of their city, without any complaint or process on
the matter of the writing to Divorce her and put account of adultery; and it was not till the year 521, that they her away, be out of her possession ; 4. that the saw the first divorce; when, though the canse was specious, the matter of the Divorcement be between him and her ; indignation of all Rome pursued the divorcer to tlie end of his
5. that it be written by her name ; 6. that there days. Horne. Works. Discourse 8. vol. vi. p. 109.
be no action wanting after the writing hereof, save The Jewish Law of Divorce was founded upon the delivery of it unto her; 7. that he give it unto Deut. xxiv. 1-4. “When a man hath taken a wife her; 8. that he give it her before witnesses ; 9. that
DIVORCE. he give it her by the law of Divorces ; 10. that it by proxy, and Plutarch (Alcibiades) bas recorded DIVORCE
be the husband or his deputy that delivereth it unto the advantage which Alcibiades gained by the
necessity of this form. His wife, Hipparete, wearied
pelled her to remain with him till her death. The
The modern Jews throw more obstacles in the way away on any other account, half his goods were for-
may be traced in every contemporary writer. The
nal. “According to Plutarclı, Romulus allowed only three causes
of a Divorce-drunkenness, adultery, and false keys. Otherwise
the husband who abused his supremacy, forfeited half bis goods considered as a prerogative, which he might exercise to the wife, and half to the Goddess Ceres, and offered a sacrifice at his discretion, in the woman it was looked upon, (WITH THE REMAINDER,) to the terrestrial Deities.” (Decline and in some degree, as attended with disgrace.
Such Fall, ch. xliv. vol. viii. p. 51.) It would be difficult to find the may be the deduction from the two words à OTONTA, moieties of it. Drunkenness is not mentioned by Piutarch at all;
remainder of that man's property who had already forfeited two dismission, and åróleyres, desertion. (Petit. Comm. in and he plainly implies that all Divorces require an oifering of Leg. Att. vi. 3.) The Bill could not be presented expiation to the terrestrial Gods.
DIVORCE. contract, were the surrender of the keys by the wife, By this the parties are separated pro salute animarum, and DIVORCE.
and her dismissal, in some such words as these. are allowed to marry again, the wife receiving back all Res tuas tibi habeto. Tuas res tibi agilo. Exi, eri she brought with her, and the issue of such marriage beocyus. Vade foras. I foras, Mulier. Cede domo. If it ing bastardized. (Coke,on Lit. 235.) The latter separates were the wife who Divorced the husband, she said, the parties a mensd et thoro for some cause arising subValeas, tibi habeas tuas res, reddas meas. In the Repu- sequent to marriage; as ill treatment or adultery in dium, which was an annulment of betrothing before either of the parties, but does not permit them to consummation, the forin was Conditione tuđ non utar. contract a second marriage whilst either party is living;
The Theodosian Code (tit. de Repudiis) enumerated for which, since it refuses that which our Saviour asthe following as legitimate causes for Divorce. If the signed to be the only fit cause for Divorce, the best reahusband could prove the wife to be an adulteress, a son that can be given, is that if Divorce were allowed witch or a murderess; to have bought or sold to slavery to depend upon a matter within the power of either any one freeborn; to have violated sepulchres; com- of the parties, they would probably become extremely mitted sacrilege ; favoured thieves and robbers; been frequent. (Blackstone, i. 15. 2.) The Court allows desirous of feeding with strangers, the husband not alimony to the wife, unless in case of elopement with knowing or not willing; if she lodge forth without a the adulterer. This Divorce does not debar the woman just and probable cause ; or frequent theatres and of her dower, nor bastardize the issue. sights, he forbidding; if she be privy with those that The dissolution a vinculo matrimonii may however be plot against the State; or if she deal falsely; or offer obtained by an Act of Parliament specially for the purblows. And if the wife can prove her husband guilty pose, after the sentence of Divorce a mensd et thoro has of any those forenamed crimes, and of frequenting the been pronounced in the SpiritualCourt. The Bill genercompany of lewd women in her sight, or if be beat her, ally originates in the House of Lords; on the petition she has the liberty to quit him, with this difference, for it an official copy of proceedings, and sentence of Dithat the man after Divorce inay forth with marry again, vorce a mensd et thoro in the Ecclesiastical Courts, at the the woman not till a year after, lest she may chance to suit of the petitioner, must be delivered at the Bar; and have conceived.
upon the second reading the petitioner must attend
Divines, held that adultery was only a cause of Divorce
The quarrel of Milton with his wife, and his inten-
The Doctrine and Discipline of Divorce; restored to the good our English law; certain causes subsequent to marriage, of both seces from the bondage of Canon Law, and other and among these adultery, might give rise to a legal mistakes in the true meaning of Scripture in the Law and separation, in which, however, neither party was per- Gospel compared. Where also are set down the bad consemitted to contract a new alliance in the life-time of quences of abolishing or condemning as Sin that which the the other; and certain other causes, existing at the
Law of God allows, and Christ abolished not. It is contime of marriage, might render it void ab initio ; but in tained in two Books, and addressed to the Parliament neither of these cases could Divorce strictly speaking of England and the Assembly. Some of the arguments be said to take place.
used in this Treatise might almost lead a careless Thus therefore Divorce in our Law is of two kinds, reader to imagine that it had been penned ironically; a vinculo matrimonii and a mensd et thoro. The former ab- the fifth reason advanced in favour of the continusolutely dissolves the marriage, and makes it void from
ance of the Law of Moses relative to Divorce, (which the beginning ; the causes of it being precedent to the Milton asserts our Saviour neither did nor could abromarriage; as consanguinity or affinity within the Levi, gate,) is stated as follows, “That nothing more hinders tical degrees, præcontract, impotency, &c. comprised and disturbs the whole life of a Christian than a matriin the following lines, in which some of the obstacles
mony found to be incurably unfit." The eighth is, “That require a clearer interpretation than it is in our power it is probable or rather cettain, that every one who to afford :
happens to marry hath not the calling, and therefore Error, Conditio, Votum, Cognatio, Crimen,
upon unfitness found and considered, force ought not to
be used." The first edition of this Tract was printed
anonymously, "My name I did not publish, as not willing
it should sway the reader either for me or against me;
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